Haryana

Bhiwani

CC/157/2021

Suraj Chand - Complainant(s)

Versus

Shri Asutosh - Opp.Party(s)

Anirudh

19 Oct 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

 

Consumer Complaint No. :   157 of 2021

                                                Date of Institution            :    13.08.2021

                                                            Date of decision                :    19.10.2023                 

 

Suraj Chand Aggarwal son of Shri Naresh Aggarwal, resident of Manan Panna, House No.34/39, Ward no. 24, near Gopal Bhawan, Bhiwani.

 

……Complainant.

 

Versus

 

1. Shri Ashutosh Gangal, General Manager, Northern Railway, Baroda House, New Delhi 110001.
2. DRM Delhi Office, Railway Colony, Paharganj, New Delhi, Delhi 110002.
3. Secretary, Rail Bhawan, 256-A, Raisina Road, Rajpath Area, Central Secretariat, New Delhi, Delhi-110001.
4. Chairman, Rail Vikas Nigam Limited, Plot No.25, First Floor, August Kranti Bhawan, Bhikaji Cama Place, R.K. Puram, New Delhi-110066.
5. DRM Bikaner office, Modern Market, Karni Colony, Kuchilpura, Bikaner, Rajasthan 334001.
6. Superintendent, Bhiwani railway station junction, Bhiwani 127021.

 

….. 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:-        Complainant in person.

          Sh. Kapil Sharma, Advocate for OPs.

 

ORDER:

 

Saroj Bala  Bohra, Presiding Member:

 

1.                     Brief facts of this case are that complainant purchased 3 months railway pass through UTS (unreserved ticketing system) App from Bhiwani to Okhla on mobile phone nos. 9355666177, 9354420042 by paying Rs.1190/- for the period from February 2020 to April 2020 but due to Corona infection, all trains were stopped from 27.3.2020 and no process for extending the validity of MST ticket was informed by railway through twitter and newspaper.  It is alleged that when the complainant contacted General Manager North Western Railway and General Manager Northern Railway through twitter and informed about his views, on 11.11.2020, it was informed by DRM Howrah on twitter that for validity at the nearest railway station ticket courier but the Chairman Railway Board did not provide any information to the passengers.  It is further alleged that even on dated 12.11.2020, the railway department was informed about the inconvenience being faced in the Unreserved Ticketing System but no official took cognizance.  It is further alleged that the complainant tried to get the details of his tickets made online again on his mobile phone 9355666177 UTS App and 9354420042 then the department gave an error message that the data is not available and the headquarters Bikaner and Delhi were contacted.  It is further alleged that the complainant wanted to inform the General Manager, Northern Railway about the inconvenience caused through twitter but did not receive any reply and when he contacted the railway the consumer was blocked on whatsapp. Complainant has also alleged that there was difference of amount in the tickets from Bhiwani to Delhi purchased on 22.07.2021 and 25.07.2021 as Rs.80 and Rs.85/- respectively. The complainant further alleged that due to the act and conduct of the respondents he has to suffer mental, physical and financial problems. Therefore, complainant prayed that the complaint may kindly be allowed and OPs may be directed to pay the following:-

(i)        To pay sum of Rs.100000/- as compensation  

(ii)       To extend validity of MST from Bhiwani, and

(iii)      To pay the petition drafting charges etc.  

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 the complainant to file and maintain the present complaint.  The complainant has not come to the Commission with clean hands and suppressed the material facts.  It is submitted that the  Covid-19 situation was not due to OPs and it was a global crises.  It is submitted that it was his own choice to use UTS application and the numbers of trains were cancelled as per guidelines due to Covid-19.  It is submitted that ticket no.83484010 of currant counter which was Rs.80 and ticket no.83484582 is PRS counter which was Rs.85/- so this difference is made out after preparing of chart from PRS ticket issued from current counter and in current counter is fewer less than the PRS.  Therefore, there is no deficiency in service on the part of OPs No. 1 to 6.  It is prayed that the complaint be dismissed with costs.

3.                     Complainant has tendered in evidence documents Annexure C-1 to Annexure C-6 and closed the evidence vide order dated 13.1.2023.  On the other hand, learned counsel for OPs tendered in evidence affidavit Exhibit RW1/A and documents Annexure R1 to Annexure R-5 and closed the evidence vide order dated 25.8.2023.

4.                     Written arguments filed by complainant. We have heard complainant and learned counsel for the OPs 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 February 2020 to April 2020 but such facility was stopped by OPs on 27.03.2020 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. The complainant has further submitted that there was also difference in the fair of the OPs from Bhiwani to Delhi by Rs.5/- in two tickets.  The documents so submitted by complainant, are sufficient to prove the version of his complaint including document Annexure C-4.  Complainant further to prove that he has contacted with the OPs regarding his grievances has placed on record documents Annexure C-2, Annexure C-5 & C-6. On the contrary, to rebut the averments of the complainant OPs have not produced and convincing and cogent evidence.  From the record (Annexure C-4), it is also clear that there was difference of amount in the rail fair from Bhiwani to Delhi by Rs.5/-.  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 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.