NCDRC

NCDRC

RP/2972/2016

UNION OF INDIA & 5 ORS. - Complainant(s)

Versus

REETA DEVI - Opp.Party(s)

MR. SANJEEV KUMAR VARMA

15 Jun 2017

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2972 OF 2016
 
(Against the Order dated 08/07/2016 in Appeal No. 589/2012 of the State Commission Bihar)
1. UNION OF INDIA & 5 ORS.
THROUGH GENERAL MANAGER, SOUTH CENTRAL RAILWAY,
SECUNDERABAD
ANDHRA PRADESH
2. DIVISIONAL RAILWAY MANGER,
SOUTH CENTRAL RAILWAY,
VIJAYAWADA
3. GENERAL MANAGER,
EAST CENTRAL RAILWAY
HAJIPUR
BIHAR
4. CHIEF COMMERCIAL MANAGER,
EAST CENTRAL RAILWAY
PATNA
BIHAR
5. DIVISIONAL COMMERCIAL MANAGER,
EAST CENTRAL RAILWAY MUGALSARAI
LUCKNOW
UTTAR PRADESH
6. SH. G.A.V.P.L.V.P. SRINIWAS RAO
TRAVELLING TICKET INSPECTOR, DIVISIONAL FLYING SQUAD VIJAYWADA DIVISION, SOUTH CENTRAL RAILWAY
VIJAYAWADA
ANDHRA PRADESH
...........Petitioner(s)
Versus 
1. REETA DEVI
W/O. LATE ARUN KUMAR R/O. MOHALLA MADARSA ROAD, KABIRGANJ, P.O. & P.S. SASARAM
DISTRICT-ROHTAS
BIHAR
...........Respondent(s)

BEFORE: 
 HON'BLE MR. PREM NARAIN,PRESIDING MEMBER

For the Petitioner :
Mr. Sanjeev Kumar Varma, Advocate
For the Respondent :

Dated : 15 Jun 2017
ORDER

1.      This revision petition has been filed by the petitioners, Union of India &Ors. against the order dated 08.07.2016 of the State Consumer Disputes Redressal Commission, Bihar, (in short ‘the State Commission’) passed in Appeal No.589 of 2012.

2.      Brief facts of the case are that the husband of the complainant/respondent availed the services of the opposite parties, the Indian Railways by booking the concessional ticket (visually handicapped -90%) for his journey.  During the journey, the TTE did not accept the ticket obtained on the basis of the disability certificate issued by Sasaram Hospital.  The TTE Imposed a fine of Rs.1,798/- and misbehaved with the passenger. A complaint was filed before the District Consumer Disputes Redressal Forum, Rohta, Sasaram, (in short ‘the District Forum’) which was resisted by the Opposite parties stating that 90% disability will not entitle a person to get a concessional ticket and according to the Indian Railway Coaching Tariff no.25-Railway Concessions are only available to completely blind persons accompanied by escort.  The District Forum vide its order dated 31.10.2012 allowed the complaint and directed opposite parties to pay Rs.51,000/- to the complainant. An appeal was preferred by the Ops before the State Commission which vide its order dated 08.07.2016 upheld the order of the District Forum and dismissed the appeal on the ground that certificate was issued by the Civil Surgeon after constituting a Medical Board and the opposite parties issued concessional ticket based on the said certificate.

3.      Hence the revision petition.

4.      Heard the learned counsel for the petitioners at the admission stage and perused the record.

5.      The learned counsel for the petitioners argued that the refund of Railway ticket cannot be ordered by the consumer fora and therefore, the order of the State Commission is bad in law as it has upheld the order of the District Forum. Moreover a compensation of Rs. 51000/- is not justified for a fine of Rs.1798. The TTE had acted as per guidelines of the Indian Railways and no deficiency can be attributed to the petitioners.

6.      I have carefully considered the arguments of the learned counsel for the petitioners and have examined the record.  Both the fora below have given concurrent findings and the scope in the revision petition is quite limited as observed by the Hon’ble Supreme Court in the matter of Mrs. Rubi (Chandra) Dutta vs. United India Insurance Company, 2011 (3) Scale 654, which reads as under; 

“Also, it is to be noted that the revisional powers of the National Commission are derived from Section 21 (b) of the Act, under which the said power can be exercised only if there is some prima facie jurisdictional error appearing in the impugned order, and only then, may the same be set aside. In our considered opinion there was no jurisdictional error or miscarriage of justice, which could have warranted the National Commission to have taken a different view than what was taken by the two Forums. The decision of the National Commission rests not on the basis of some legal principle that was ignored by the Courts below, but on a different (and in our opinion, an erroneous)  interpretation of the same set of facts. This is not the manner in which revisional powers should be invoked. In this view of the matter, we are of the considered opinion that that the jurisdiction conferred on the National Commission under Section 21(b) of the Act has been transgressed. It was not a case where such a view could have been taken, by setting aside the concurrent finding of two fora.”

7.  Moreover, Hon’ble Supreme Court in Gurgaon Gramin Bank Vs. Khazani & Anr., IV (2012) CPJ 5 (SC),  has observed;

"2.  Number of litigations in our country is on the rise, for small and trivial matters, people and sometimes Central and State Governments and their instrumentalities Banks, nationalized or private, come to courts may be due to ego clash or to save the Officers’ skin. Judicial system is over-burdened, naturally causes delay in adjudication of disputes. Mediation centers opened in various parts of our country have, to some extent, eased the burden of the courts but we are still in the tunnel and the light is far away. On more than one occasion, this court has reminded the Central Government, State Governments and other instrumentalities as well as to the various banking institutions to take earnest efforts to resolve the disputes at their end. At times, some give and take attitude should be adopted or both will sink. Unless, serious questions of law of general importance arise for consideration or a question which affects large number of persons or the stakes are very high, Courts jurisdiction cannot be invoked for resolution of small and trivial matters. We are really disturbed by the manner in which those types of matters are being brought to courts even at the level of Supreme Court of India and this case falls in that category.”

   The Apex Court further held;

  “10. The Chief Manager stated in the affidavit that no bill was raised by the counsel for the bank for conducting the matter before the National Consumer Dispute Redressal Commission. We have not been told how much money has been spent by the bank officers for their to and fro journeys to the lawyers’ office, to the District Forum, State Forum, National Commission and, to the Supreme Court. For a paltry amount of ₹15,000/-even according to the affidavit, bank has already spent a total amount of ₹12,950/- leaving aside the time spent and other miscellaneous expenses spent by the officers of the bank for to and fro expenses etc. Further, it may be noted that the District Forum had awarded ₹3,000/-towards cost of litigation and compensation for the harassment caused to Smt. Khazani. Adding this amount, the cost goes up to ₹15,950/-. Remember, the buffalo had died 10 years back, but the litigation is not over, fight is still on for ₹15,000/-. 

     11. Learned counsel appearing for the bank, Shri Amit Grover, submitted that though the amount involved is not very high but the claim was fake and on inspection by the insurance company, no tag was found on the dead body of the buffalo and hence the insurer was not bound to make good the loss, consequently the bank had to proceed against Smt. Khazani. 

     12. We are of the view that issues raised before us are purely questions of facts examined by the three forums including the National Disputes Redressal Commission and we fail to see what is the important question of law to be decided by the Supreme Court. In our view, these types of litigation should be discouraged and message should also go, otherwise for all trivial and silly matters people will rush to this court. 

     13.  Gramin Bank like the appellant should stand for the benefit of the gramins who sometimes avail of loan for buying buffaloes, to purchase agricultural implements, manure, seeds and so on. Repayment, to a large extent, depends upon the income which they get out of that. Crop failure, due to drought or natural calamities, disease to cattle or their death may cause difficulties to gramins to repay the amount. Rather than coming to their rescue, banks often drive them to litigation leading them extreme penury. Assuming that the bank is right, but once an authority like District Forum takes a view, the bank should graciously accept it rather than going in for further litigation and even to the level of Supreme Court. Driving poor gramins to various litigative forums should be strongly deprecated because they have also to spend large amounts for conducting litigation. We condemn this type of practice, unless the stake is very high or the matter affects large number of persons or affects a general policy of the Bank which has far reaching consequences. 

 14.  We, in this case, find no error in the decisions taken by all fact finding authorities including the National Disputes Redressal Commission. The appeal is accordingly dismissed with cost of ₹10,000/- to be paid by the bank to the first respondent within a period of one month. Resultantly, the Bank now has to spend altogether ₹25,950/- for a claim of ₹15,000/-, apart from to and fro travelling expenses of the Bank officials. Let God save the Gramins.” 

8.      The observations of the Hon’ble Apex Court in the above quoted judgment are fully applicable to the facts and circumstances of the present case.

9.      Accordingly, I am not inclined to entertain this petition, since paltry amount is involved in this case and this litigation is going on for about last about twelve years. Indian Railways may be spending much more in continuing with the litigation. Furthermore, there are concurrent findings of fact given by both the fora below. However, the question of law, if any, raised in this petition is left open to be decided in an appropriate case, where stakes are high and amount involved is substantial.

10.  It is also to be seen that the State Commission has clearly observed that certificate was issued by the Civil Surgeon after constituting a Medical Board and the opposite parties issued concessional ticket based on the said certificate. In these circumstances, the TTE was not entitled to raise any objection to the concessional ticket. Hence on merits also, I do not find any illegality, material irregularity or jurisdictional error in the order of the State Commission.

11.   Based on the above discussion, the present revision petition No.2972 of 2016 stands dismissed in limine.

 
......................
PREM NARAIN
PRESIDING MEMBER

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