NCDRC

NCDRC

RP/3478/2006

SENIOR DIVISIONAL MANAGER, WESTERN RAILWAY AND ORS. - Complainant(s)

Versus

R.P. PAHWA - Opp.Party(s)

MR. S.A. SATTAR

14 May 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3478 OF 2006
 
(Against the Order dated 31/07/2006 in Appeal No. 886/1999 of the State Commission Rajasthan)
1. SENIOR DIVISIONAL MANAGER, WESTERN RAILWAY AND ORS.
SENIOR DIVISIONAL MANAGER ,
EWSTERN RAILWAY
JAIPUR
...........Petitioner(s)
Versus 
1. R.P. PAHWA
S/O. SH , HUKAM CHAND R/O. FLOT . NO , C-2. RANESH MARG
SE SCHEME JAIPUR
-
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE J. M. MALIK, PRESIDING MEMBER
 HON'BLE MR. SURESH CHANDRA, MEMBER

For the Petitioner :
MR. S.A. SATTAR, ADVOCATE
For the Respondent :
EX-PARTE

Dated : 14 May 2012
ORDER

JUSTICE J. M. MALIK, PRESIDING MEMBER The facts of this revision petition are as follows. R.P. Pahwa, the complainant, tried to take two tickets for Shatabdi Express from Delhi to Jaipur. However, those tickets were not available from Delhi to Jaipur. The Complainant was given two tickets on 20.09.1997 from Delhi to Alwar and for that a sum of Rs. 240/- was charged. The complainant requested the conductor for extension of his tickets upto Jaipur and for that the Journey was extended and Rs.215/- were charged. These two tickets from Delhi to Jaipur would have cost the complainant a sum of Rs.355/-, however, by the said above said process, the Western Railway, Jaipur, charged an extra amount of Rs.100/-, and for that deficiency, the complainant filed the complaint before the District Forum. 2. The District Forum came to the conclusion that the petitioners/revisionists had charged Rs.100/- wrongly, from the complainant as his journey was to be extended from Alwar to Jaipur, though his original ticket was purchased at Delhi. The District Forum awarded a sum of Rs.5,000/- and directed the petitioners/revisionists to deposit the said amount, within 30 days, failing which, the said amount would carry an interest @ 18% p.a. 3. Aggrieved by that order, appeal was filed before the State Commission. The State Commission upheld the above said compensation but reduced the interest @ 9% p.a. The respondent/complainant was summoned but it was reported that he had left the given address. Ultimately, he was served through the pasting of the notice. He was proceeded ex-parte on 10.05.2012. 4. We have heard the counsel for the petitioners. 5. Para 4 of the complaint is reproduced as follows. hat the ticket clerk told that no seat is available from Delhi to Jaipur. But if I will take a ticket upto Alwar then your ticket can be extended by the conductor upto Jaipore, because some seats will fall vacant in the train. Believing the version of the ticket clerk the complainant agreed and took a ticket upto Alwar. Because the complainant wanted to reach Jaipore as early as possible. The complainant was allotted seat No. 11 and a fare of Rs.240/- charged and Rs.160/- was returned and ticket No.2020 was given, the photocopy is attached herewith 6. Our attention was invited towards Indian Railway Conference Association Coaching Tariff No.25, Part-I, Volume 1. Last portion of Rule 229 runs as follows: f a passenger approaches the Railway Ticket Checking Staff for extension of journey either before the termination of booked journey or after the completion of booked journey, he should be issued an E.F.T. for the extended portion without giving the benefit of telescopic rates. The actual fare due for the distance of the extended portion of the journey should be collected and the authority for the previous journey (namely, Printed Card Ticket, EFT, passenger foll of a concession voucher, etc.) should be duly quoted on the E.F.T. for the extended portion It is, thus, clear that the conductor charged the amount in accordance with the above quoted Rule 229. The fare, charged by the petitioners was, in accordance with the Railway Tariff No.25. The above said excess amount charged was taken for the benefit of the complainant himself. Rule 229 quoted above, puts the case of the petitioners/ revisionists in an impregnable condition. The ticket was charged as per Rules. No fault can be attributed on the part of the conductor as the complainant would not have got this benefit by not paying a sum of Rs.100/-, in excess. They were not going to reach Jaipur by this train. Consequently, we set aside the orders passed by the fora below. The petitioners would not pay any compensation to the complainant. The revision petition is, therefore, allowed and the complaint is dismissed.

 
......................J
J. M. MALIK
PRESIDING MEMBER
......................
SURESH CHANDRA
MEMBER

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