NCDRC

NCDRC

RP/3422/2014

UNION OF INDIA - Complainant(s)

Versus

GOPRANJAN DUBEY - Opp.Party(s)

MR. SANJEEV KUMAR VARMA

19 Nov 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3422 OF 2014
 
(Against the Order dated 30/06/2014 in Appeal No. 824/2006 of the State Commission Orissa)
1. UNION OF INDIA
REP THROUGH DIVISIONAL RAILWAY MANAGER, EAST COAST, RAILWAY, SAMBALPUR DIVISION, KHETRAJPUR
SAMBALPUR
ODISHA
...........Petitioner(s)
Versus 
1. GOPRANJAN DUBEY
SENIOR CITiZEN RETD, DISTRICT JUDGE FARM ROAD, MODIPARA,
SAMBALPUR - 768002
ODISHA
...........Respondent(s)

BEFORE: 
 HON'BLE MR. VINAY KUMAR, PRESIDING MEMBER

For the Petitioner :
Mr. Sanjeev Kumar Varma, Advocate
For the Respondent :

Dated : 19 Nov 2014
ORDER

        The Revision Petition is filed by Union of India (Ministry of Railways) through Divisional Manager, Sambalpur Division, Khetrajpur, Sambalpur, Orisha.  The case of the Respondent/Complainant before the fora below was that for a train journey in 2005 by Inter City Express, he had obtained a general ticket, which was, on his request, converted into a ticket for A.C. Chair Car.  At this stage, The T.T.E. who did conversion of the ticket, refused to grant him the concession available to a senior citizen under the Railway Rules on the ground that concessional tickets could not be changed to a higher class even if the passenger was willing pay to the difference of fare.  Thus, being denied the benefit of concessional fare as a senior citizen, he filed a consumer complaint before the District Forum, Sambalpur.

        The District Forum dismissed the complaint.  However, appeal of the Complainant against the order of the District Forum, was allowed by the Odisha, State Consumer Disputes Redressal Commission.  While allowing the appeal, the State Commission took a view that the Appellant/Complainant was entitled to be compensated for denial of the benefit, which he was entitled to by virtue of being a senior citizen.  The denial of benefit itself was held to be an unfair trade practice.

        The above order of the State Commission is now challenged in the present Revision Petition.  Counsel for the Revision Petitioner has been heard in detail.  The fact of the matter remains that the total compensation involved is a small sum of Rs.10,000/-.  In similar cases, the Commission has in the past taken a view that it is unjust and unfair to drag the consumer to the National Commission for proceedings involving meager amounts.  Thus, in Revision Petition No.4728 of 2013, M/s. Procter and Gamble Home Products Ltd. Vs. Ms. Taranjit Kaur and Others, decided on 01.7.2014, this Commission followed the view taken by Hon’ble Supreme Court in Gurgaon Gramin Bank Vs. Smt. Khazani & Anr.  [Civil  Appeal No. 6261 of 2012  @  Special  Leave  Petition (C) No.8875/2010] and came to a conclusion that there was no need to upset the finding for a sum of Rs.25,000/-.  The present proceeding initiated by the Ministry of Railways involves a substantial smaller sum of Rs.10,000/-.  I therefore, deem it unnecessary to disturb the finding in the impugned order.  The Revision Petition is dismissed, leaving open the law points involved therein.   

 
......................
VINAY KUMAR
PRESIDING MEMBER

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