{"id":210556,"date":"2006-01-03T00:00:00","date_gmt":"2006-01-02T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/mrs-shipra-sengupta-mr-sanjay-vs-g-m-commercial-southern-on-3-january-2006"},"modified":"2016-08-06T10:11:31","modified_gmt":"2016-08-06T04:41:31","slug":"mrs-shipra-sengupta-mr-sanjay-vs-g-m-commercial-southern-on-3-january-2006","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/mrs-shipra-sengupta-mr-sanjay-vs-g-m-commercial-southern-on-3-january-2006","title":{"rendered":"Mrs. Shipra Sengupta, Mr. Sanjay … vs G.M. (Commercial) Southern … on 3 January, 2006"},"content":{"rendered":"
National Consumer Disputes Redressal<\/div>\n
Mrs. Shipra Sengupta, Mr. Sanjay … vs G.M. (Commercial) Southern … on 3 January, 2006<\/div>\n
  \n \n \n \n \n \n NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION\n  \n \n \n \n \n \n\n\n\n\n\n\n\n \n\n\n\n \n\n\n\n \n   \n    \n\n  \n   \n\nNATIONAL CONSUMER DISPUTES\n  REDRESSAL COMMISSION\n  \n \n  \n   \n   \n\n  NEW DELHI\n  \n \n  \n   \n    \u00a0\n   TRANSFER PETITION NO. \u00a04\u00a0\u00a0 OF \u00a02004\n  \n \n  \n   \n   \n\n \u00a0\n   \n\nMRS. SHIPRA\n  SENGUPTA \n  \n   \n   \n\n \u00a0\n   \n\n........\n  Petitioner(s) \n  \n \n  \n   \n   \n\nVs.\n  \n   \n   \n\n \u00a0\n  \n \n  \n   \n   \n\nG.M.(COMMERCIAL) SOUTHERN RAILWAY & ANR. \n  \n   \n   \n\n........\n  Respondent(s) \n  \n \n  \n   \n   \n\n BEFORE:\n  \n   \n   \n\n \u00a0\n  \n \n  \n   \n   \n\n\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0HON'BLE\n  MR. JUSTICE M.B. SHAH,\u00a0PRESIDENT\n  \n \n  \n   \n   \n\n\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0DR.\n  P.D. SHENOY,\u00a0MEMBER\n  \n \n  \n   \n   \n\n\u00a0\n  \n \n  \n   \n   \n\nFor the\n  Petitioner \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0:\n  MR. SANJAY K. GHOSH, Advocate\n  \n \n  \n   \n   \n\n\u00a0\n  \n \n  \n   \n   \n\nFor the\n  Respondent \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 : MR. RAJESHWAR SINGH, Advocate\n  \n \n  \n   \n   \n\n\u00a0\n  \n \n  \n   \n   \n\n Dated the 3rd day of\n  January,2006\n  \n \n  \n   \n   \n\n\u00a0\n  \n \n  \n   \n   \n\n ORDER\n<\/pre>\n
 \u00a0<\/p>\n
 PER DR. P.D. SHENOY, MEMBER <\/p>\n
  \u00a0<\/p>\n
 CASE OF THE COMPLAINANT <\/p>\n
  \u00a0<\/p>\n
 The
\ncase illustrates how arbitrarily Government officers can mis-behave
\nand harass a senior citizen (a woman) for whom various benefits are provided by
\nthe Government and thereby frustrates the beneficial schemes and rendering the
\nsenior citizen helpless.\n<\/p>\n
 \u00a0<\/p>\n
..2..\n<\/p>\n
 Mrs.\n<\/p>\n
Shipra Sengupta, Petitioner
\nherein has sent a representation dated 22nd June, 2004 to this
\nCommission enclosing a copy of her representation dated 28th April,
\n2003 wherein she has stated that she has filed a case No. 834\/2003 in District
\nConsumer Forum, Chennai North
\ncontending that she has been illegally fined by the staff of
\nthe Southern Railways when her journey was over from Howrah
\nto Chennai on 8.07.02 at Central Station, Chennai. She has further stated that she was standing
\nin a corner of the platform in the evening waiting for the gentleman to receive
\nher from the station as the destination was not known to her. A staff member of Railways was watching her
\nfor sometime and then he came near and wanted to check railway ticket. Her ticket number was 44667088 PNR No.
\n622-2009621, age 64 years and train no. 2811.
\nTaking the ticket in his hand he demanded some written proof of her
\nage. She showed him medical papers which
\nstated her age as 64 years as she was visiting Chennai for the purpose of Eye
\nSurgery which was to be checked up on 9th July onwards. Her ticket was duly checked at   Howrah and also on the way and the checking
\nstaff were satisfied about proof of the age.
\nOn arrival of her relative, for whom she was waiting, she wanted to go
\nwith him with baggage as it was completely dark. The staff member of Railways has demanded some bribe
\nfrom her and as she did not pay he did not allow her to
\nleave the platform
\nand kept her in the <\/p>\n
..3..\n<\/p>\n
supervision
\nof a constable for the whole night. She
\nwas not allowed to meet the Station Master nor they took
\nher to any office near the platform. She
\nwas not even allowed to call up the Hospital which she was to visit on the next day. He inflicted a penal charge of Rs.3,806\/- treating her as a ticketless
\npassenger. She was not having that much
\ncash with her. The railway person forced
\nher to borrow the money from the gentleman.
\nShe had stitched some money in her personal garment which he forced her
\nto cut the stitch of her garment in public to pay him the money. She was trembling all the time as she was a
\npatient of ischemic heart. She never faced this sort of humiliation, agony and
\nharassment in her 64 years of
\nlife. She handed over Rs.3,806\/- for which he gave her a receipt.\n<\/p>\n
She met the
\nAddl. General Manager, Public Grievance Cell, Mrs. Vijaylakshmi
\nViswanathan.\n<\/p>\n
She had also submitted her Passport photocopy to prove that on demand
\nwhat she submitted as her
\nproof of age was neither false nor fake. But despite that her money has not been
\nrefunded. She is a widow and has no
\nchildren to support. Even though she had a valid ticket issued by South-Eastern
\nRailways which was endorsed at the commencement of the journey at   Howrah also during the journey, she had to fall
\nprey to the atrocious behaviour of the staff
\nmember of the Southern Railway. The   West
\n  Bengal  State
\nCommission <\/p>\n
 \u00a0<\/p>\n
..4..\n<\/p>\n
has
\nforwarded her application with their comments that the applicant is an old and
\npartly incapacitated person.\n<\/p>\n
 The
\ncase came up for hearing before the National Commission on 18.03.05 and on
\n27.04.05. After hearing the parties and considering the
\ndispute involved the matter was withdrawn to this Commission for deciding it on
\nmerits.\n<\/p>\n
 FINDINGS <\/p>\n
 On
\n24.08.05 and 23.09.05 Learned Counsel for the Respondent was given time to file the written version and the case was fixed for
\nfinal hearing on 15.12.05. After going through the facts of the case we find
\nthat the record supports most of the contentions of the Complainant. The Complainant had shown a prescription of
\nDr. Rajalakshmi Iyer,
\nConsultant, Gynecologist and Obstetrician, Wellesley Medicentre
\nand also the Patients Health Card issued by   Peerless
\n  Hospital and B.K. Roy Research
\nCentre, Kolkata which mention her age as 64 years to the checking staff at Chennai Railway
\nStation. But these were disregarded and he wanted proof
\nof age signed by Government  <\/p>\n
Authorities stating that it is mandatory.
\nLd. Counsel for the Railways quoted a letter dated 31.07.02 addressed by the Chief Commercial
\nManager to the Complainant which reads as under:-\n<\/p>\n
 \u00a0<\/p>\n
5..\n<\/p>\n
  Adverting to the letter under reference, it is to be stated that
\nas per  extant rules, passengers of the age group of 65 years and
\nabove for men and 60 years and above for women are granted Senior Citizen
\nConcession. NO age proof certificate is
\nrequired for availing the concession at the time of booking of the ticket.\n<\/p>\n
 \u00a0<\/p>\n
 However,
\nthe passengers who had availed this concession are required to produce documentary
\nproof of age during travel.  The
\ndocumentary proof thus produced should be the one issued by any Government
\nInstitute\/Agency\/Local body like identity card, Ration Card, Driving Licence, Passport, Panchayat\/Corporation\/Muncipality
\nor any other authentic document. Submission of documents in support of
\nage at a later date does not entitle a person in claiming of excess
\ncharges. (emphasis
\nadded)<\/p>\n
 In
\nthe instant case, as you were unable to produce your Age proof certificate,
\nwhen demanded by the Ticket Checking Staff, the excess fare collected is in
\norder and your claim for refund of the same cannot be acceded to.\n<\/p>\n
 \u00a0<\/p>\n
 Ld. Counsel for the Respondents stated
\nthat documentary proof of age issued by a government agency is mandatory to
\navail the concession meant for senior citizens. Whereas on the back of the
\nticket issued to the Complainant which was shown by the Ld. Counsel for the
\nComplainant it is mentioned that the senior citizen availing concession should
\non demand produce  some proof of age during the journey (emphasis added). The word some proof of age cannot be
\nequated with the documentary proof issued by the Government institutions or
\nauthorities. The letter of the Chief
\nCommercial Manager also mentions about
\nany <\/p>\n
..6..\n<\/p>\n
other authentic document. The proof age
\nproduced at Chennai Station cannot be construed as not authentic. Moreover the proof of age was sought after
\nthe completion of journey at Chennai though it is specifically mentioned on the
\nreverse of the ticket checking during journey. Further, subsequently,
\nthe Complainant has given to the Railway Authorities additional proof of age
\nissued by the Sankara Nethralaya
\ndated 9.07.02 wherein they have stated that her date of birth is 1.7.1936 and
\nalso voter identity card which also indicates her date of birth as
\n1.07.1936.\n<\/p>\n
 Hence, it is crystal clear that she
\nwas of 64 years of age and was a senior citizen eligible for availing the
\nconcession as per the Railways policy that women above 60 years are treated as
\nsenior citizen.\n<\/p>\n
 This is a classic case of
\nhighhandedness on the part of the Railways Staff Member who for reasons best known to him detained a
\nhelpless lonely lady passenger and had handed over her to the police despite
\nthe fact that her ticket was checked at Kolkata and during the course of her journey.\n<\/p>\n
 In this connection, it is useful to
\nquote the celebrated judgment of the   Apex Court in Lucknow
\nDevelopment Authority Vs. M. K. Gupta { (1994) 1 SCC 243 at 262-263} wherein
\nit is held:-\n<\/p>\n
The jurisdiction and power of the
\nCourts to indemnify a citizen for injury suffered due to abuse of power by
\npublic authorities is founded as observed by Lord Hailsham
\nin Cassell & Co., Ltd., V. Broome 1972 <\/p>\n
 \u00a0<\/p>\n
..7..\n<\/p>\n
 \u00a0<\/p>\n
 \u00a0<\/p>\n
AC 1027 :\n<\/p>\n
(1972) 1 All ER 801 on the principal that, an award of exemplary damages can
\nserve a useful purpose in vindicating the strength of law. An ordinary citizen or a common man is hardly
\nequipped to match the might of the State or its instrumentalities. That is provided by the rule of law. It acts as a check on arbitrary and capricious
\nexercise of power. In Rookes v. Barnard 1964 AC 1129 :
\n(1964) 1 ALL ER 367, 410 it was observed by Lord Devlin, the servants of the
\ngovernment are also the servants of the people and the use of their power must
\nalways be sub-ordinate to their duty of service.  A public functionary
\nif he acts maliciously or oppressively and the exercise of power results in
\nharassment and agony then it is not an exercise of power but its abuse.  No law provides protection against it. He who is responsible for it must suffer
\nit. Compensation or damage as explained
\nearlier may arise even when the officer discharges his
\nduty honestly and bonafide. But when it arises due to arbitrary or
\ncapricious behaviour then it losses its individual
\ncharacter and assumes social significance. Harassment of a common man by public
\nauthorities is socially abhorring and legally impermissible. It may harm him personally but the injury to
\nsociety is far more grievous. Crime and corruption
\nthrive and prosper in the society due to lack of public resistance. Nothing is more damaging than the feeling of
\nhelplessness. An ordinary citizen
\ninstead of complaining and fighting succumbs to the pressure of undesirable
\nfunctioning of officer instead of standing against it.  Therefore, the award
\nof compensation for harassment by public authorities not only compensate
\nthe individual, satisfied him personally but helps in curing social evil. It may result in improving the work culture
\nand help in changing the outlook.\n<\/p>\n
Wade in his book Administrative Law has observed that it is to the
\ncredit of <\/p>\n
public
\nauthorities that there are simply few reported  <\/p>\n
English decisions on this form of malpractice, namely, misfeasance in public
\noffices which includes malicious  <\/p>\n
..8..\n<\/p>\n
 \u00a0<\/p>\n
 \u00a0<\/p>\n
use of
\npower, deliberate maladministration and perhaps also other unlawful acts
\ncausing injury. One of the reasons for
\nthis appears to be development of law which, apart, from other factors
\nsucceeded in keeping a salutary check on the functioning in the government or
\nsemi-government offices by holding the officers personally responsible for
\ntheir capricious or even ultra vires action
\nresulting in injury or loss to a citizen by awarding damages against them.  (Emphasis
\nsupplied) <\/p>\n
 \u00a0<\/p>\n
In view of the above, we direct the Respondents to refund the amount of
\nRs.3806\/- charged as penalty and also to pay a compensation of Rs.25,000\/- for the irreparable physical and mental agony and
\ninsult caused to a dignified and decent lady who is a widow and who had
\ngone for medical treatment to Chennai.\n<\/p>\n
The Petition is disposed of accordingly.\n<\/p>\n
There shall be no order as to costs.\n<\/p>\n
 \u00a0<\/p>\n
 ..J<\/p>\n
 (M.B.\n<\/p>\n
SHAH)<\/p>\n
 PRESIDENT<\/p>\n
  ..\n<\/p>\n
   (P.D.\n<\/p>\n
SHENOY)<\/p>\n
 MEMBER<\/p>\n
Yd\/12\/COURT1<\/p>\n
 \u00a0<\/p>\n","protected":false},"excerpt":{"rendered":"
National Consumer Disputes Redressal Mrs. Shipra Sengupta, Mr. Sanjay … vs G.M. (Commercial) Southern … on 3 January, 2006 NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI \u00a0 TRANSFER PETITION NO. \u00a04\u00a0\u00a0 OF \u00a02004 \u00a0 MRS. SHIPRA SENGUPTA \u00a0 …….. Petitioner(s) Vs. \u00a0 G.M.(COMMERCIAL) SOUTHERN RAILWAY & ANR. …….. Respondent(s) BEFORE: […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[1],"tags":[],"class_list":["post-210556","post","type-post","status-publish","format-standard","hentry","category-judgements"],"yoast_head":"\nMrs. Shipra Sengupta, Mr. Sanjay ... vs G.M. 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