O R D E R
K.S. MOHI, President
The complainant has filed the present complaint against the O.P. u/sec. 12 of Consumer Protection Act, 1986. The facts as alleged in the complaint are that the complainant is regular user of the DMRC for journey from Tis Hazari Metro Station to Rohini. It is alleged in the complaint that on 03.05.2009 after finishing his work, the complainant entered the Tis Hazari Metro station at around 18.45PM but the metro-train did not come for almost 50 minutes and the platform was packed to its capacity. Also there was no announcement or information for delay in the metro trains. It is further alleged in the complaint that around 19.35pm finding that no train is coming he decided to exit the platform. But when the complainant placed his smart card to exit the gate the same did not work. The enquiry from the Customer help desk asked him to pay a sum of Rs.10/- as penalty for remaining on the platform for more than 30 minutes, which he paid and reached home. The complainant has filed this compliant for claiming Rs.10/- alongwith interest @ 24% p.a. and damages as deemed fit by the Forum.
2. Notice of the complainant was issued and OP has filed its written statement. In the written statement it has been pleaded that there was no delay in running of the metro trains on 03.05.2009 as alleged in the complaint. Further, it has been admitted that on 04.05.2009 at around 7.00 p.m, there was failure of OHE (Over Head Electric) supply of Line-I i.e. Dilshad Garden to Rithala and a section of Line-2 i.e. Vishwavidyalaya to Jahangirpuri. The said failure of OHE supply was due to bursting of Booster Transformer Insulator between Seelampur-Shastri Park DN line, which resulted in delay of the metro train on the said line and due to which some of the trips of the metro trains had to be cancelled. It is submitted in the written statement that the proper announcements were made at the metro stations as well as in trains regarding the delay. It is also submitted that sum of Rs.10/- paid by the complainant is not a penalty but is a surcharge levied on all the passengers as per standard business rules. The surcharge is payable by all the passengers whose stay on the platform exceeds the period of 20 minutes. It is admitted in the written statement that the AFC gates did not open and allowed the passenger to exit without payment of surcharge. It has been also impleaded that the proper arrangements for public announcements in all the stations and also in the present case, were made in the metro trains as well as at the stations.
3. Complainant as well as OP has filed their respective evidence in support of their case. Although in the complaint the date of occurrence by the complainant has been shown as 03.05.2009 but the receipt of surcharge token of Rs.10/- paid by him is that of 04.05.2009 at 17.43. It appears that there is a numerical/typing error in the date mentioned in the complaint as is clear from the Media Report of 05.05.2009 which shown that the metro trains were late and there was disturbance in the lines.
4. DMRC Website states that the maximum permissible time for entry and exit from the same station is 20 minutes and if the time is beyond that period the penalty of Rs.10/-per hour subject to maximum of Rs.50/- shall be charged from the passenger in cash.
5. We have gone through the documents placed on the record as well the pleading of the parties. Only short question which needs to be adjudicated is whether any announcement of the delay in metro trains due to disturbance in the electric supply was made on 04.05.2009 or otherwise. The OP has not filed any documentary evidence to support its averment that the announcements were made at the His Hazari Metro Station, in absence of which we conclude that no announcements were made for the said failure of OHE (Over Head Electric) supply of Line-1. We therefore, find that there was deficiency in service by the OP. Therefore, the complainant is entitled to the claim of the refund of Rs.10/- charged by the DMRC.
6. In our considered opinion, ends of the justice will be met if O.P is directed to pay the amount of Rs.10/- charged by the DMRC. Complainant is also awarded sum of Rs.1000/- as litigation charges. This amount shall be payable within 45 days from the date of order. If the OP fails to comply with the order, the complainant shall be entitled to interest @ 9% after expiry of 45 days till the said amount is actually paid. Ordered accordingly.
Copy of the order be sent to the parties as per rules.
Announced this 2nd day of December, 2015.
(K.S. MOHI) (SUBHASH GUPTA) (SHAHINA)
President Member Member
