Haryana

Bhiwani

CC/97/2021

Kunal Bansal - Complainant(s)

Versus

Railway - Opp.Party(s)

Anirudh

19 Oct 2023

ORDER

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

 

 

Consumer Complaint No. :   97 of 2021

                                                Date of Institution            :   30.04.2021

                                                            Date of decision                :   19.10.2023                  

 

Kunal Bansal son of Shri Rattan Lal, Bagh Kothi, Gali No. 2, near Somvari Mata Mandir, Bhiwani, Tehsil & District Bhiwani.

 

            ……Complainant.

 

VERSUS

 

1. Hoshiar Singh Ji (CBS), Railway Station Bhiwani Junction, Bhiwani. 
2. Station Superintendent, Railway Station Bhiwani, Junction Bhiwani.
3. DRM, North Western Railway, Modern Market, Karni Colony, Kuchilpura, Bikaner, Rajasthan 334001.
4. General Manager Office, NW, Near Jawahar Circle, Malviya Nagar, Jaipur, Rajasthan Pin-302017.

 

…….. Opposite Parties.

 

COMPLAINT U/S 35 OF CONSUMER PROECTION ACT, 2019.

 

 

BEFORE:      Hon’ble Mrs. Saroj Bala Bohra, Presiding Member

Hon’ble Ms. Shashi Kiran Yadav, Member

 

 

Present:-        Sh. Suraj Chand Aggarwal, Advocate for complainant.

          Sh. Kapil Sharma, Advocate for OPs.

 

ORDER:

 

Saroj Bala  Bohra, Presiding Member:

 

1.                     Brief facts of the case are that  complainant he is a daily commuting passenger and from Bhiwani to Hazrat Nizamuddin station and he purchased MST on 24.01.2020 by paying a sum of Rs.1190/- and the same was valid till 23.4.2020.  It is alleged that the complainant used to travel daily from Bhiwani to Hazrat Nizamuddin and on dated 26.3.2020, due to Coid-19, Indian Railways banned almost all the trains, due to which complainant’s journey of about 1 month is still outstanding even though he has already paid the charges to the Railways.  It is further alleged that the complainant contacted Railway station Bhiwani several times about the validity of the MST but of no avail.  It is further alleged that the complainant expresses his views through Twitter from General Manager to DRM but no fruit came out.   It is further alleged that the complainant had also presented his grievance before the Railway Ministry and the Railway Minister Shri Piyush Goyal, but of no solution.  There are lakhs of passengers whose MST validity is outstanding and the railways is also not giving any clarification regarding extending MST or returning their MST tickets as per the current fare. The complainant further alleged that due to the act and conduct of the OPs, he has to suffer mental, physical and financial problems. Therefore, he prayed that the complaint of the complainant may kindly be allowed the OPs be directed to pay the following

i           To pay sum of Rs.150000/- as compensation, advocate fees, about 30 travel tickets from Bhiwani to Delhi and Rs.570/-as typing postage expenses.

Hence this complaint.

2. After registration of complaint, notice was issued to the opposite parties. Opposite parties appeared and submitted its reply submitting therein that the complainant has neither locus standi nor has any cause of action accrued to file and maintain this complaint.  The complainant has not come to the Commission with clean hands and suppressed the material facts. It is submitted that the complainant has subscribed the quarterly seasonal ticket at his own through online system and as such it does not cover under the definition of monthly seasonal.  It is further submitted that the matter has been referred to the higher authorities for disposal and the same is under process.  It is further submitted that office of the answering OPs are duties bound to announce the guidelines and instructions related to COVID-19 pandemic issued by the Govt. of India. Therefore, there is no deficiency in service on the part of OPs No. 1 to 4.  It is prayed that the complaint may be dismissed with costs.

3.                     No evidence produced on behalf of complainant and opportunity to lead evidence was closed by the Court vide order dated 27.9.2022.  On the other hand, learned counsel for OPs tendered in evidence affidavit of Sh. G.K. Gupta, authorized person on behalf of OPs as Exhibit RW1/A alongwith document Ex. R1 and closed the evidence  on 11.05.2023.

4.                     Written arguments filed on behalf of complainant. We have heard learned counsel for the parties and perused the record minutely.

5.                     In the present case, grievance of the complainant is that he was authorized to avail the train travelling facility for a quarter from 24.01.2020 to 23.04.2020 but such facility was stopped by OPs on 26.03.2020 and thus complainant has to deprive of the said facility continuously for the said period. Thus the complainant has submitted that the act & conduct of Ops amount to deficiency in service.  To prove his version, complainant has placed on record the quarterly railway pass.  Complainant further to prove that he has contacted with the OPs regarding his grievances has placed on record several documents. On the contrary, to rebut the averments of the complainant OPs have not produced and convincing and cogent evidence with regard to redressal of grievance of complainant.  It has also been emerged from the documents that the complainant has to avail the facility of quarterly MST less than three months for which he has paid Rs.1190/-.  In such a situation, complainant must have harassed by the act & conduct of Ops, therefore, we see deficiency in service on the part of OPs and direct them to pay Rs.10,000/- (Rs. Ten thousand) to the complainant as compensation for harassment alongwith simple interest @ 6% per annum from the date of filing of this complaint till its realization. Further to pay Rs.5500/- (Rs. Five thousand five hundred) as litigation charges. The aforementioned directions will be complied with by OPs within a period of thirty days from the date of passing this order, failing which the awarded amount shall be recoverable with simple interest @ 9% per annum for the period of default.  Certified copies of the order be sent to parties concerned, free of costs, as per rules. File be consigned to the record room, after due compliance.     

Announced in open Court.

Dated:19.10.2023.

                                    (Shashi Kiran Panwar)                    (Saroj Bala Bohra)            

                                                       Member                           Presiding Member

District Consumer

Disputes Redressal

Commission, Bhiwani