NCDRC

NCDRC

RP/3031/2009

NORTH WEST RAILWAY - Complainant(s)

Versus

A.P. MATHUR - Opp.Party(s)

MR. S.A. SATTAR

11 Jan 2010

ORDER


NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. 3031 OF 2009
(Against the Order dated 04/05/2009 in Appeal No. 865/2008 of the State Commission Rajasthan)
1. NORTH WEST RAILWAYThrough D.R.M ...........Petitioner(s)
Versus
1. A.P. MATHURS/o Sh. S.P. Mathur, R/o C-19, Jyoti Marg, BapunagarJaipur ...........Respondent(s)

BEFORE:

For the Petitioner :NEMO
For the Respondent :NEMO

Dated : 11 Jan 2010
ORDER

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.

Learned counsel for petitioner present. Counsel appearing for the petitioner submits that sum of Rs.2000/- has been remitted to respondent. Against notices issued to respondent, written submissions have been received also expressing inability of respondent to attend proceedings of the National Commission. A prayer has accordingly been made for disposal of revision petition on strength of written submissions made by him. Considered written submissions made by respondent. Factual backgrounds are that respondent got reserved ticket from Railways for journey from Jaipur to Nagpur and Nagpur to Durg to attend marriage of his daughter to be held on 25.10.2004 at Bhilai. However, due to rescheduling of time of the train from Nagpur to Durg, he could not avail services of Railways on the reserved ticket and had to travel in bus, on payment of charges of Rs.6500/- and allegedly though respondent moved for refund of amount of reserved tickets, which did not find favour with Railways. Eventually, consumer complaint was filed before District Forum. Having considered contentions of respondent, complaint was dismissed by District Forum recording no deficiency in service on part of Railways. However, in appeal that was preferred by respondent–complainant finding of District Forum was reversed fixing liability against Railways and State Commission awarded compensation of Rs.10,000/-, default of which shall carry interest @ 9%.p.a. From the finding of District Forum and the submissions made at bar on behalf of petitioner-Railways, it is manifestly evident that respondent, as recorded by District Forum was quite aware of rescheduling of train when he undertook journey from to Nagpur to Durg. That apart, while seeking refund of amount of the fare, original ticket was not made available to Railways. We find that State Commission has overruled this aspect of the issue and without recording finding as for deficiency on part of Railways, fixed liability to pay compensation of Rs.10,000/-. In the circumstances, we allow revision petition, setting aside finding of the State Commission. However, there will be no order as to costs.

FOR PH