Present: None for complainant.
Sh. Mahipal Singh Tanwar, Adv. for OPs.
ORDER:-
Despite calling case several times since morning, none turned up on behalf of complainant. It is already 3.40 P.M. No further wait is justified. Perusal of file reveals that this complaint remained fixed for evidence of complainant w.e.f. 17.9.2020. More than two years have expired, the complainant was granted nine effective opportunities on his request, but he has not lead any evidence on his behalf and for the last five opportunities, the complainant is not appearing. Thus in these circumstances, we are of this considered opinion that no purpose would be served by keeping the file pending for evidence of complainant and thus his evidence stands closed by order.
Sh. Mahipal Singh Tanwar, counsel for OPs has stated at open bar that when there is no evidence of complainant, thus he does not want to lead any evidence and argued the case. After hearing, it is observed that the complainant has filed this complaint on the ground that on 21.3.2017, when he came out from Old Delhi railway station, he was checked by the OP No.2 and charged Rs. 10/-as platform ticket and Rs. 250/-as fine, in all total Rs. 260/-illegally and wrongly whereas he was having a valid ticket from Rohtak Junction to Old Delhi Railway Station. The complainant has not placed the said ticket or receipt vide which the aforesaid amount was charged from him along with complaint. So, there is nothing on record in support of complaint of complainant. Whereas the OPs in their written statement has categorically mentioned that on 21.3.2017 at gate No. 3/4 for checking of railway tickets, the complainant came from inside the railway station/platform and when he was checked and asked to show the travelling ticket or platform ticket but he could not produce the same and hence, a sum of Rs. 260/-was charged vide receipt which was duly signed by the complainant in token of the correctness.
As there is nothing on record in support of complaint except the bald averments of complainant, which cannot take place of proof. The complainant was granted more than two years to lead evidence but in vain. As complainant has not placed on file ticket allegedly purchased by him from Rohtak Junction to support his claim, therefore, OPs cannot be disbelieved but the onus to prove his complaint was upon complainant, in which he has totally failed. So in these circumstances, finding no substance in the complaint, the same stands dismissed.
Announced.
Dated: - 28.9.2022