BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM, JALANDHAR.
Complaint No.340 of 2014
Date of Instt. 29.09.2014
Date of Decision :09.06.2015
1. Sunil son of Parikshat aged about 28 years;
2. Ruby wife of Sunil aged about 25 years;
3. Ajmer Singh aged about 19 yeras C/o Dharm Singh;
All residents of Suchi Pind, Opp.Ravi Dass Gurudwara, Jalandhar.
..........Complainants Versus
1. Station Superintendent, Jalandhar Railway Station, Northern Railway, Jalandhar.
2. General Manager, Northern Railway Zone, Baroda House, New Delhi.
3. Madam Ticket Checker (Name not known) of train No.11058 Lokmaniya Express Coach No.S-6, starting from Jalandhar Railway Station, through Station Superintendent, Jalandhar Railway Station, Jalandhar.
.........Opposite parties
Complaint Under the Consumer Protection Act.
Before: S. Jaspal Singh Bhatia (President)
Sh.Parminder Sharma (Member)
Present: Sh.DK Sharma Adv., counsel for complainants.
Sh.Sohit Talwar Adv., counsel for opposite parties.
Order
J.S.Bhatia (President)
1. The complainants have filed the present complaint under the Consumer Protection Act, against the opposite parties on the averments that the complainants traveled from Jalandhar to Gawalior on 16.9.2014 by Amritsar Lokmanian Express Train No.(146) by boarding from Jalandhar station. The train left Jalandhar station at about 10.00 AM. The complainant had got the valid journey cum reservation ticket (consolidated) No.93390786 PNR No.346-29673 issued from Jalandhar station for journey from Jalandhar to Gawalior in the name of the complainants. The complainants had with them proper pass or ticket for traveling as passengers containing the particulars like date of issue, Class of carriage, the place from the place to which it is issued for and the amount of fare. The ticket so issued by Jalandhar railway station was being used only by those persons authorized to travel. They had paid full fare and took no concession under any of the scheme of the opposite parties. As ill luck would have it, the opposite party No.3 got into the coach and started checking the tickets while the train was still halting at Jalandhar railway station. She demanded the ticket for checking from the complainants and the complainants presented their ticket to the opposite party No.3 for her examination during the journey as is enjoined by law. She for no reason cancelled the regular ticket and issued excess fare ticket No.783456 and receipt No.049405 for Rs.1905/- by imposing penalty of Rs.750/- on the plea that they did not have identity proof with them. However, they were carrying the Ration Card with them and they showed it to her but she arbitrarily cancelled the valid ticket and issued excess fare receipt without any rhyme and reason. The complainants were adjudged to be traveling without ticket by the opposite party No.3 when they had appropriate, valid and proper journey cum reservation ticket for the dated 16.9.2014. On such like averments, the complainants have prayed for refund of Rs.1905/- collected illegally by the opposite party No.3. They have also demanded compensation and litigation expenses.
2. Upon notice, opposite parties appeared and filed a written reply raising preliminary objections regarding maintainability, want of cause of action, not approaching the forum with clean hands, mis-joinder of party etc. They further pleaded that The complainant had not produced the proper photo identity at the time of inspection by the officials of railways. Ration Card is not admitted as a photo identity as per clause 2(iii) of Commercial Circular No.68 of 2012 issued by Ministry of Railways (Railway Board) with effect from 1.12.2012, anyone of the passengers booked on a PNR for undertaking journey in any reserved class will have to produce anyone of the 10 prescribed proofs of identity (in original) during the journey, failing which, all the passengers booked on that ticket will be treated as traveling without ticket and charged accordingly. Since the complainant and his co-travelers were not carrying the proper photo identity, as such, as per circular, they were rightly considered as traveling without ticket and fine was rightly imposed. They denied other material averments of the complainant.
3. In support of their complaint, learned counsel for the complainants has tendered into evidence affidavit Ex.CW1/A alongwith copies of documents Ex.C1 to Ex.C4 and closed evidence.
4. On the other hand, learned counsel for opposite parties has tendered affidavit Ex.OPA alongwith copy of document Ex.OP1 and closed evidence.
5. We have carefully gone through the record and also heard the learned counsels for the parties.
6. The facts involved in the present case are not much disputed. The complainants were traveling on reserved ticket from Jalandhar to Gawalior when opposite party No.3 started checking tickets of the passengers. She demanded tickets for checking from complainants alongwith identity proof. It is not disputed that complainants presented their ticket before opposite party No.3 but produced Ration Card as their identity proof. However, opposite party No.3 treated the complainants as without ticket and charged Rs.1905/- from the complainants. Counsel for the complainants contended that complainants were carrying Ration Card Ex.C1 which was having photo affixed on it and it was issued by concerned department of the State Government and it constitute valid identity proof. He further contended that opposite party No.3 wrongly charged Rs.1905/- on the ground that they were not having identity proof with them. So main dispute between the parties is whether Ration Card can be considered as valid identity proof of the passengers traveling in train on reserve ticket. The opposite parties have produced Commercial No.68 of 2012 Ex.OP1 issued by Government of India, Ministry of Railway (Railway Board) and it provides as under:-
"(Commercial Circular No.68 of 2012)
Sub:- Provision of carrying ID proof during journey on reserved tickets.
1. Please refer to this office letter No.2011/TG-I/20/P/Tatkal dated 16.1.2012 (Commercial Circular No.4 of 2012) on the subject quoted above wherein it was advised that with effect from 15.2.2012, any passenger traveling on a reserved ticket (non-Tatkal) issued through PRS for undertaking journey in any air-conditioned class (except 3E) will have to produce anyone of the nine prescribed proofs of identity (in original) during journey failing which all the passengers will be treated as without ticket and charged accordingly. This provision has helped in keeping a check on the cases of traveling as transferred ticket in AC classes to a great extent.
2. With a view to ensure availability of reserved tickets to bonafide passengers in all classes, it has been decided as under:-
(i) One more proof of identity has been added in the list of 9 prescribed proofs of identity for undertaking journey on e-ticket, Tatkal ticket and for undertaking journey on a reserved ticket issued through PRS and these 10 prescribed proofs of identity are as under:-
1. Voter photo identity card issued by Election Commission of India.
2. Passport.
3. PAN Card issued by Income Tax Department.
4. Driving Licence issued by RTO.
5. Photo identity card having serial number issued by Central/State Government.
6. Student Identity Card with photographs issued by recognized school/college for their students.
7. Nationalized bank Passbook with photographs.
8. Credit Cards issued by Banks with laminated photograph.
9. Unique Identification Card "Aadhaar".
10. Photo identity cards having serial number issued by Public Sector Undertakings of State/Central Government, District Administrations, Municipal bodies and Panchayat Administrations.
(ii) The above provision shall come into effect from 1.12.2012.
(iii) With effect from 1.12.2012, anyone of the passengers booked on a PNR for undertaking journey in any reserved class will have to produce anyone of the 10 prescribed proofs of identity (in original) during the journey failing which all the passengers booked on that ticket will be treated as traveling without ticket and charged accordingly. This provision shall, however, not affect the existing provision of Tatkal scheme where the passenger is required to show the same original proof of identity as indicated on the ticket.
3. Wide publicity may be given by Zonal Railways through all possible means on this account for the information of general public.
4. Necessary instructions may be issued to all concerned particularly ticket checking staff so as to educate them about the revised provisions."
7. So as per above Commercial Circular Ex.OP1, copy of Ration Card is not valid identity proof. Consequently, the complainants who were not having valid identity proof and were traveling on reserved ticket were rightly considered as traveling without ticket and were charged accordingly. So there is no deficiency in service on part of the opposite parties.
8. In view of above discussion, we hold that there is no merit in the present complaint and same is hereby dismissed with no order as to cost. Copies of the order be sent to the parties free of costs under rules. File be consigned to the record room.
Dated Parminder Sharma Jaspal Singh Bhatia
09.06.2015 Member President
