NCDRC

NCDRC

RP/2916/2010

STATION MANAGER, NIZAMUDIN RAILWAY STATION & ANR. - Complainant(s)

Versus

SHRIMAN ASTHANA & ANR. - Opp.Party(s)

MR. S.A. SATTAR

27 Apr 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2916 OF 2010
 
(Against the Order dated 12/04/2010 in Appeal No. 920/2008 of the State Commission Delhi)
1. STATION MANAGER, NIZAMUDIN RAILWAY STATION & ANR.
Nizamudin Railway Station
New Delhi
Delhi
2. GENERAL MANAGER NORTHERN RAILWAY
Through Sr.DOM (Planning) DRM Office,Barod House, N.Rly
Delhi
Delhi
...........Petitioner(s)
Versus 
1. SHRIMAN ASTHANA & ANR.
H.No.72, B.G.N. Market, Munirka
New Delhi-110067
Delhi
2. VIJAYLAKSHMU PAMASUBRAMANIAN
DSRA 40, NPL Colony, New Rajinder Nagar
New Delhi-110060
Delhi
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R. C. JAIN, PRESIDING MEMBER
 HON'BLE MR. S. K. NAIK, MEMBER

For the Petitioner :MR. S.A. SATTAR
For the Respondent :
Mr. Shriman Asthana, in person

Dated : 27 Apr 2012
ORDER

Aggrieved by the concurrent findings and orders passed by the Fora below, i.e., order dated 21.07.2008 passed by the District Consumer Disputes Redressal Forum, New Delhi and order dated 12.04.2010 passed by the Delhi State Consumer Disputes Redressal Commission (for short he State Commission in FA No. 2008 / 920, the Railway Administration has filed the present petition. 2. Both the fora below have found the petitioner Railway Administration guilty of deficiency in service in not providing the reserved berths to the complainants in an AC-III tier coach in August Kranti Express leaving from Hazarat Nizamuddin Railway Station to Mumbai as a result of which the complainant had to cancel his ticket and due to the urgent impending work he had to travel by Air to Mumbai at an extra cost. Complainant suffered harassment and mental torture as he was not able to board the scheduled train at the scheduled time and date. The Fora below directed the Railway Administration to compensate the complainant in the manner that they should pay the difference in the Railway Fare and the Air Fare as also a compensation of Rs.20,000/- to the complainant. 3. We have heard Mr. S.A. Sattar, counsel for the petitioner and the complainant no. 1 / respondent in person and have considered their submissions. Counsel for the Railway Administration would assail the impugned order primarily on the ground that it was due to the technical and mechanical defects in the AC-III tier coach that the said coach could not be attached with the train bound to leave Nizamuddin Railway Station on that day and, therefore, the passengers scheduled to travel in the said coach were accommodated / adjusted in the remaining coaches but the complainant failed to avail that accommodation and, therefore, the fare was refunded to him. In any case, he submits that once the complainant has been ordered to be paid the difference between the railway fare and the air fare, they should not have been granted any compensation. On the other hand, complainant submits that his loss and mental harassment and torture was much more which cannot be duly compensated even by receipt of a sum of Rs.20,000/-. Having considered the submissions, we are of the view that the concurrent findings recorded by the Fora below are eminently justified in the facts and circumstance of the case and the material brought on record. The deficiency in service on the part of the Railway Administration is writ large in this case and the kind of relief granted to the complainant does not appear to be harsh or excessive by any standard. Revision petition is accordingly dismissed as devoid of any merit. The petitioner is directed to pay the amount as awarded by State Commission to the respondent / complainant within a period of four weeks from today failing which it shall carry interest @12% p.a. with effect from the date of the order of the State Commission.

 
......................J
R. C. JAIN
PRESIDING MEMBER
......................
S. K. NAIK
MEMBER

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