Delhi

New Delhi

CC/675/2016

M. Lall - Complainant(s)

Versus

M/S. Northern Railway - Opp.Party(s)

25 Apr 2018

ORDER

 

CONSUMER DISPUTES REDRESSAL FORUM-VI

                                                              (DISTT. NEW DELHI),

              ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

                    NEW DELHI-110001

 

 

Case No.C.C./675/2016                                                                 Dated:

In the matter of:

            M. Lalla

            R-728, New Rajinder Nagar,

            New Delhi-110060

                                                                                                 …… Complainant

 

 

Versus

 

 

1.         Northern Railway,

Head Quarter, Rail Bhawan,

New Delhi,                                                          

 

2.           Govt. of NCT of Delhi,

Deptt. Of Food Supplies & Consumer Affairs,

K-Block, Vikas Bhawan,

I.P. Estate, New Delhi.                                                ……. Opposite parties

 

 

 

 

 

 

 

 

ARUN KUMAR ARYA- PRESIDENT

ORDER

The complaint is filed alleging that the excess amount of Rs. 155/- was charged i.e. Rs. 970-815 against the ticket from Anand Vihar to Shri Mata Devi Katra. The complainant has placed the photo copy of the ticket for to and fro journey, showing that the fare of one side Rs. 970 has been charged whereas for the other side journey an amount of Rs. 815/- was charged for the same distance. The compensation of Rs. 15,000/- against OP-1 i.e. Northern Railway, which was further prayed to be enhanced to Rs. 25,000/-. The OP has filed version stating that complaint does not fall within the definition  of Consumer  and therefore, the complaint is liable to be dismissed. It is further stated that the Railways collected the fare against the ticket under dispute in accordance with Coaching Tariff Rule applicable during the relevant period and denied excess charging of fare. The complainant alleges that he filed various complaints to the head quarter of the OP at Baroda House regarding over charging of Rs. 155/- by the reservation Clark for the ticket PNR No. 2363406370 by train no. 04403 dated 22/05/2017, OP replied to the complainant’s letter dated 06/05/2017 through its letter dated 22/05/2017, intimating only transfer of the request to CCMPM CCM/refund office. Both the parties have filed their respective evidence in affidavit. The OP has filed written arguments  alleging that this Forum does not have the territorial jurisdiction to try the complaint  as Railway Tribunal is the only authority in this regard. The original ticket were not supplied to the OP despite request to the complainant through letter dated 16/03/2015 nor placed on the record of this Forum.  

A glance our the photo copy of tickets placed on record by the complainant it is seen that there is a variation in the amount of ticket. The follow up by the complainant with the OP is also there but allegedly with no outcome. The OP has stated that on account of non furnishing the original ticket to the OP the remedial steps, if any, could not be taken up. In view of the position that the fare is decided by the railways and the interference therein under the provision of Consumer Protection Act is not attracted more so in the circumstances where the fare is charged in accordance with Coaching Tariff Rule during the relevant period. We are therefore, of the considered view that there is no deficiency in services on the part of OP as the tickets were issued against the total amount paid by the complainant and therefore, the complaint is dismissed.

 

Copy of the order may be forwarded to the parties to the case free of cost as statutorily required. 

Announced in open Forum on  ___________________.

The orders be uploaded on www.confonet.nic.in.

File be consigned to record room.

 

 

  (ARUN KUMAR ARYA)

                                                           PRESIDENT

 

(NIPUR CHANDNA)                                                                         (H M VYAS)

      MEMBER                                                                                      MEMBER