NCDRC

NCDRC

RP/3105/2005

UNION OF INDIA AND ORS. - Complainant(s)

Versus

SHRI HANS RAJ THAKUR - Opp.Party(s)

REKHA AGGARWAL

03 Aug 2009

ORDER

Date of Filing: 09 Dec 2005

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/3105/2005
(Against the Order dated 13/09/2005 in Appeal No. 295/2003 of the State Commission Himachal Pradesh)
1. UNION OF INDIA AND ORS.SECRETARY MINISTRY OF RAILWAY - - ...........Appellant(s)

Vs.
1. SHRI HANS RAJ THAKURR/O SET NO. 1 PHAGLI SHIMLA SHIMLA ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. B.K. TAIMNI ,MEMBER
For the Appellant :REKHA AGGARWAL
For the Respondent :NEMO

Dated : 03 Aug 2009
ORDER

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          Union of India and others, who were opposite parties before the District Forum, have filed the present Revision Petition.

          Respondent/complainant filed a complaint before the District Forum with the allegation that to avail of LTC facility, he bought a ticket from Trivandrum to Secunderabad from Shimla railway station; that earlier he wanted to buy the ticket from Cochin to Secunderabad but he was informed by the clerk on the booking counter that there is no train from Cochin to Secunderabad.  Then he bought the ticket from Trivandrum to Secunderabad on Train No.7029.  The journey was to commence on 22.2.2000.  When he reached Trivandrum railway station on 22.2.2000 to board the said train, he was told by the railway officials that there was no such train from Trivandrum to Secunderabad and Train No.7029 even does not touch the railway station at Trivandrum.  The respondent/complainant approached for cancellation of the ticket and refund of the total ticket money but only 50% of the amount, i.e., Rs.2,876/- were refunded; that the complainant and his family had to spend another sum of Rs.6,500/- to travel from Trivandrum to Secunderabad.  Aggrieved by this, respondent/complainant filed the complaint before the District Forum.

          District Forum allowed the complaint and directed the petitioner to refund the sum of Rs.2,877/- as balance fare with interest at the rate of 12% per annum from the date of filing of the complaint till its realization.  Petitioner were saddled with damagers amounting to Rs.3,000/- and cost of litigation which was assessed at Rs.1,000/-.  Petitioner, being aggrieved by the order passed by the District Forum, filed an appeal before the State Commission, which has been dismissed by the impugned order with the modification that the rate of interest was reduced to 6%.  Cost of litigation was enhanced from Rs.1,000/- to Rs.2,000/-.  Order regarding compensation of Rs.3,000/- was set aside.

          Being aggrieved, present Revision Petition has been filed.

          We have gone through Annexure C-2 - copy of cancellation/requisition form brought on record by the petitioner in which it is clearly mentioned that Train No.7029 was to go from Trivandrum to Secunderabad.  Case of the petitioner is that in the ticket it is mentioned that boarding is from CHTS.  CHTS, according to the counsel for the petitioner, stands for ‘Cochin Harbour Terminal Station’.  If that be so, then why the ticket was issued from Trivandrum to Secunderabad.  It should have been clarified that the ticket is from Cochin to Secunderabad.  An ordinary person will not be able to understand the abbreviated form of CHTS to mean that the train would start from Cochin instead of Trivandrum.

          Finding recorded by the fora below is a finding of fact, which cannot be interfered with in exercise of revisional jurisdiction.  Dismissed.

 



......................JASHOK BHANPRESIDENT
......................B.K. TAIMNIMEMBER