NCDRC

NCDRC

RP/1215/2010

YASHWANT RAI PURI - Complainant(s)

Versus

NORTHERN RAILWAY & ANR. - Opp.Party(s)

MR. ANKUR RAHEJA

20 May 2010

ORDER


NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. 1215 OF 2010
(Against the Order dated 14/12/2009 in Appeal No. 1736/2009 of the State Commission Chandigarh)
1. YASHWANT RAI PURIR/o. Street 13, Radha Swami ColonyFazilkaPunjab ...........Petitioner(s)
Versus
1. NORTHERN RAILWAY & ANR.Through Its Senior Divisional Manager - 1Ferozpur Cantt.Punjab2. GENERAL MANAGERNorthern RailwayNew DelhiDelhi ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE B.N.P. SINGH ,PRESIDING MEMBER
For the Petitioner :MR. ANKUR RAHEJA
For the Respondent :NEMO

Dated : 20 May 2010
ORDER

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.

Petitioner during his journey through railways noticed some persons smoking and as they did not refrain from smoking in public place, a consumer complaint alleging deficiency on part of railways was filed with District Forum. Claim was resisted by respondent railways holding that those who were noticed smoking in premises of railways, a public place were duly challaned by officials of latter. District Forum in its prudence having accepted complaint directed respondent railways to pay compensation of Rs. 10,000/- to petitioner. Railways was further directed to take appropriate steps to prevent smoking at all railway stations, platforms as well as in trains. Award of District Forum was however modified in appeal by State Commission reducing compensation of Rs. 5,000/- which was recoverable from defaulting employees. During execution proceedings warrants came to be issued against officials of railways. Matter was carried in appeal by railways. State Commission noticed that after finding of State Commission in appeal the presumption was that after passing of order dated 9.10.2009 order of District Forum had lost its entity and was not executable. Appeal preferred by railways against order passed in execution proceedings was accordingly accepted by State Commission having regard to the fact that railways had issued necessary instructions to prevent smoking in public places and to ensure punishment of wrong doers. It is quite no repetition that compensation as modified by State Commission was required to be paid by railways and as for second part of order of District Forum which in fact has not been deleted in appeal by State Commission while modifying award it is yet on record. Regard being had nature of second part of order which is practically unexecutable for railways, the aforesaid finding is deleted, the revision petition in the circumstances bearing no merit is dismissed but with no order as to cost.



......................JB.N.P. SINGHPRESIDING MEMBER