NCDRC

NCDRC

RP/3858/2010

UNION OF INDIA - Complainant(s)

Versus

J.K. KAUSHAL - Opp.Party(s)

MRS. REKHA AGGARWAL

29 Oct 2010

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3858 OF 2010
 
(Against the Order dated 09/03/2010 in Appeal No. 1408/2008 of the State Commission Haryana)
1. UNION OF INDIA
Railway Board, Rail Bhawan
New Delhi
Delhi
...........Petitioner(s)
Versus 
1. J.K. KAUSHAL
House No. 308-P, Sector 22
Gurgaon
Haryana
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R.K. BATTA, PRESIDING MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Petitioner :MRS. REKHA AGGARWAL
For the Respondent :NEMO

Dated : 29 Oct 2010
ORDER

 

Heard counsel for the petitioner on limitation and also on merit of the matter.  In fact, the application of condonation does not even show when the certified copy of the order was received by the petitioner.  It was made available by the Railway Board on 25.5.2010 and sent to Southern Railway Chennai for necessary action on 9.7.2010.  There is no explanation for condoning the delay in pursuing the matter.  In our opinion, no sufficient cause has been given for condoning the delay of 69 days.  The revision is liable to be dismissed, on this count alone.

Even on merits, we find that there are concurrent findings of two fora below. Sr. Citizen, passenger in question was awarded Rs.15,000/- and cost of Rs.3000/- for inconvenience suffered by him and his wife.  The complainant had confirmed tickets and had to suffer inconvenience in shifting his luggage consisting of 5 items through six bogies in a moving train.  According to the complainant, they were compelled to shift and were allotted two side berths Nos.23 & 24.   Keeping in view that the award made by the fora below  is just, fair and equitable.  It cannot be said to be out of proportion so as to interfere in the revisional jurisdiction  under Section 21(b) of Consumer Protection Act, 1986 as we do not find any jurisdictional error, illegality or material irregularity in the orders of fora below.  

Therefore, we do not find any merit in this revision.  The revision is dismissed both on the ground of condonation of delay as also on merits, with no order as to cost. 

 

 
......................J
R.K. BATTA
PRESIDING MEMBER
......................
VINAY KUMAR
MEMBER

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.