Heard learned counsel for both the sides.
2. This appeal is filed U/S-15 of erstwhile Consumer Protection Act,1986(herein-after called the Act). Hereinafter, the parties to this appeal shall be referred to with reference to their respective status before the learned District Forum.
3. The case of the complainant, in nutshell is that the complainant was travelling from Bhubaneswar covering Somanath, Dwaraka and return via Delhi and for that he has purchased the railway ticket from Bhubaneswar Railway Counter in 2-tire A/C coach. He performed the journey on 04.11.2006 from Ahmedabad junction to Veraval in Somonath Express and they are confirmed with berth Nos. 31 and 33 in coach No.A-1 on payment of the fare at Rs.1308/- per person. They found that on the date of journey two-tire A/C compartments were not available on the very date and 3-tier A/C compartment was attached instead to the train. Thereafter the complainant and his wife were compelled to travel in 3-tier A/C as they have booked the confirmed ticket in 2-tier A/C. They had made allegation against the OP but no relief was granted to them. So, the complaint was filed.
4. The OP filed written version stating that they have attached 3-tier A/C coach to the train instead of 2-tier A/C. They averred that the passengers who had booked tickets in 2-tier A/C coach, were accommodated in 3-tier A/C coach and advised complainant on 04.11.2006 to occupy a berth in 3-tier A/C coach and the differential cost is liable to be refunded to the complainant on claim. Therefore, there is no deficiency in service on the part of the OP.
5. After hearing both the parties, learned District Forum passed the following order:-
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“ In the result, the complaint is allowed exparte against the Ops. The Ops are directed to refund the differential cost charged by the Railway Authorities between 3-tier A/C and 2-tier A/C coaches and pay compensation to the complainant to the tune of Rs.10,000/-. The litigation cost is assessed at Rs.1000/- payable by the Ops to the complainant. The order be executed by the Ops within one month from the date of communication of this order, failing which the complainant is at liberty to execute the same against the Ops in accordance with law.”
6. Learned Central Govt. counsel Mr.P.K.Das for the appellant submitted that learned District Forum without considering the written version has passed the impugned order which is invalid. According to him as per rule 213.16 of IRCA Coaching Tariff No.25,Part-I,Vol.I if the passengers travel in lower class than the class of ticket which they had purchased, the differential fare between the fare paid and the fare for the class travelled, will be granted if the ticket along with a printed certificate from TTE submitted within 2 days of the date of issue of the certificate. Learned District Forum ought to have considered all the aspects while passing the impugned order. Therefore, they submitted to set-aside the impugned order by allowing the appeal.
7. Learned counsel for the respondent submitted that the provision of Railway as quoted above is applicable to the OP and they have not followed the provision of law and due to discomforts and the amenities not available in the 3-tier A/C, the complainant should be suitable compensated and accordingly the impugned order should be concurred. He supports the impugned order.
8. Considered the submission of learned counsel for the parties, perused the DFR and impugned order.
9. It is admitted fact that the complainant and her husband travelled in 3-tier A/C instead of 2-tier A/C although they have purchased A/C 2-tier ticket and no doubt differential cost has to paid back. Learned counsel for the appellant submitted that the cost would be paid only on the claim made by the complainant and the learned counsel for the respondent submitted that at first the OP must return the cost of the fare. Since, the cost has not paid the complainant, there is deficiency in service on the part of the OP.
10. In view of above discussion, we find no error in the impugned order. Therefore, the finding of the learned District Forum is confirmed. Learned counsel for the appellant submitted that the compensation Rs.10, 000./- should be reduced to Rs.5000/- for the reason that due to unavoidable circumstances the entire 2-tier A/C has been cancelled and 3-tier A/C was attached to the concerned train. Considering the argument of both the sides, we hereby modified the impugned order by directing to pay compensation of Rs.7,000/- to the complainant by the OP within a period of 45 days from the date of order, failing which it will carry 12% interest from the date of impugned order till date of payment. Rest of the impugned order will remain unaltered.
Free copy of the order be supplied to the respective parties or they may download same from the confonet or website of this Commission to treat same as copy of order received from this Commission.
DFR be sent back forthwith.
