Haryana

StateCommission

A/894/2019

INDIAN RAILWAY NORTHERN ZONE - Complainant(s)

Versus

ANIL DUA - Opp.Party(s)

VEENA BHUTANI SETHI

08 May 2023

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

HARYANA PANCHKULA

 

                                                                   First Appeal No. 894 of 2019       

Date of Instituion:10.10.2019

                   Date of order:08.05.2023

 

First Appeal No.894 of 2019

 

IN THE MATTER OF

 

1.      Indian Railway Northern Zone, Baroda House, New Delhi through its GM.

2.      Indian Railway, Rohtak Railway Station, Rohtak through its Station Master.

 

Through Mrs.Veena Bhutani, Advocate for the appellants.

…..Appellants

Versus

 

Anil Dua S/o Sh.Satpaul Dua, R/o H.No.722/22 Jhang Colony, Rohtak.

Through Mr.J.K.Dua uncle of Mr.Anil Dua, in person on behalf of respondent.

….Respondent

CORAM:   S.P.Sood, Judicial Member.

 

 

Present:-    Mrs.Veena Bhutani, Advocate for the appellant.

                   Mr.J.K.Dua uncle of Mr.Anil Dua, in person on behalf of respondent.

 

O R D E R

 

S. P. SOOD, JUDICIAL MEMBER:

 

 

Delay of 49 days in filing the appeal is condoned for the reasons stated in the application filed for condonat6ion of delay.

2.      Appellant-complainant has preferred this appeal against the impugned order dated 10.07.2019 passed by the learned District Consumer Disputes Redressal Commission, Rohtak (In short “District Commission”), vide which this complaint was allowed partly.

3.       The brief facts of the complaint are that  complainant alongwith his family wife Kapila, Isht and Shristhi children visited  Vaishno Devi (J&K) and for their return journey complainant has booked the tickets in A.C. compartment from Katra to Rohtak Junction for 04.06.2018 in train No.16318/HIMSAGAR express under General category. The complainant paid extra amount for travelling in AC compartment. This is how complainant alongwith above said family members started their journey from Katra Railway station, but he was shocked to see that air conditioning system of the compartment was not working.  Due to non working of air conditioner of their compartment, complainant faced difficulties as it was  summer season and they could not sleep comfortably. The complainant reported the matter to the  customer care Indian Railway, but the system could not be repaired. The  above said lapse on the part of OPs was illegal and amounts to deficiency in service especially as OPs had already  accepted charges for air conditioning alongwith normal fare, hence the complaint.

4.      Upon notice. Opposite parties appeared and filed written reply raising preliminary objections regarding lack of territorial jurisdiction and this not being a consumer dispute.  It was further stated that  as per rule due refund of difference of fare of AC and non AC class was duly provided at the end of journey on production of ticket and certificate. The refund  of excess charges was not denied. Thus there was no deficiency in service on the part of the OPs. As such the complainant was not entitled for any relief and prayed for dismissal of the complaint.

5.                After hearing counsels for the parties, learned District Commission, Rohtak partly allowed the complaint vide order dated 10.07.2019. Relevant portion is reproduced as under:-

“In view of the facts and circumstances of the case, we hereby allow the complaint and direct the opposite party no.1 to pay a compensation  of Rs.30000/- (Rupees thirty thousand only) on account of mental agony and harassment and Rs.5000/- (Rupees five thousand only) as litigation expenses to the complainant within one month from the date of decision failing which OP No.1 shall be liable to pay interest @ 9% p.a. on the awarded amount from the date of filing the present complaint i.e. 10.07.2019.”

6.               Feeling aggrieved therefrom, Ops-appellants have preferred this appeal.

7.                These arguments were advanced by Mrs.Veena Bhutani counsel for the appellant and Mr.J.K.Dua uncle of Mr.Anil Dua in person on behalf of respondent. With their kind assistance entire record of the appeal as well as  record of the District Commission has been properly perused and examined.

8.                It is not disputed that  complainant  has booked tickets of air conditioned compartment for himself and his family members in Train No. 16318/HIMKSAGAR Express under general category for travelling from Katra to Rohtak Junction on 04.06.2018.  It is also not disputed that air conditioning system of the compartment was not working and complainant even registered a complaint with customer care of Indian Railway but of no avail.   It is relevant to mention here that June happens to be one of the hottest month of the year.  The Ops should  have been repaired the faulty air conditioning system of the compartment before starting the journey or they could have substituted the boggy.  The Ops deliberately did not render the due service to the complainant despite charging him for the same.   The learned District Commission has rightly allowed the complaint partly. The learned District Commission committed no illegality while passing the order dated 10.07.2019.  The appeal is devoid of any merits and stands dismissed.

9.      The statutory amount of Rs.17500/- deposited at the time of filing the appeal be refunded to the respondent-complainant-Anil Dua against proper receipt and identification in accordance with rules, after the expiry of period of appeal and revision, if any filed in this case.

10.              Applications pending, if any stand disposed of in terms of the aforesaid order.

11.              A copy of this order be provided to all the parties free of cost as mandated by the Consumer Protection Act, 1986/2019. The order be uploaded forthwith on the website of the commission for the perusal of the parties.

12.              File be consigned to record room.

 

 

8th  May, 2023                                                                                 S. P. Sood                                                                                                                            Judicial Member                            

S.K(Pvt. Secy.)