RESERVED

State Consumer Disputes Redressal Commission

U.P., Lucknow.

Appeal No.1672 of 2008

1- Station Adhikshak, Mahoba,

    Uttar Madhya Railway.

2- Mandaliya Rail Prabhandhak,

    Uttar Madhya Railway, Jhansi.

3- Mandaliya Rail Prabhandhak,

    Uttar Madhya Railway, Allahabad.           ...Appellants.

Versus

Subhash Chandra Chaurasia s/o Shri Nath Ram

Chaurasia, R/o Mohalla. Imlivara, Mahoba,

District, Mahobad.                                      ….Respondent.

Present:-

1- Hon’ble Sri Vijai Varma, Presiding Member.

2- Hon’ble Sri Sanjai Kumar, Member.

Sri P.P. Srivastava for the appellants.

Sri Dheeraj Chaurasia for the respondent.

Date 20.9.2017   

JUDGMENT

(Delivered by Sri Vijai Varma,  Member)

This appeal has been filed against the judgment and order dated 23.7.2008, passed by the District Forum, Mahoba in complaint case no.24 of 2008.

The facts leading to this appeal, in short, are that the respondent/complainant was travelling from Mahoba to Delhi on 29.9.2006 having purchased a ticket from ticket window for a sum of Rs.135.00 and was travelling in Mahakaushal Express. The Travelling Ticket Examiner (TTE) after examining the ticket of the complaint stated that the ticket was not that of Super Fast but the complainant stated that the ticket is of Rs.125.00 and

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Rs.10.00 for Super Fast. On this, the TTE got enraged and told the complainant that he would be sent to jail. Thereafter, he snatched the ticket from the complainant and told that he should give Rs.100.00 otherwise, he would be sent to jail. The complainant asked him to make a receipt on payment of the amount by him and thereafter, paid Rs.260.00 for which a receipt was given. As the complainant was having only Rs.270.00 therefore, only Rs.10.00 was left with him causing a lot of inconvenience to him. The complainant made a complaint to the OPs whereupon the OPs asked for excuse and to take Rs.260.00 from the Chief Commercial Manager. The complainant had valid ticket still the official of the OPs harassed him and therefore, there is deficiency in service on the part of the OPs and the complaint was filed in the Forum below where the OPs filed their WS submitting therein that with regard to the refund of amount the case can not be filed there in the Forum. The TTE had checked the ticket but had not committed any harassment. The receipt was made by TTE as the complainant was not able to justify supplementary charge etc. but after the complaint the explanation was called from the concerned official. The OPs are ready to refund the amount for which the Chief Commercial Manager, Northern Railway, Allahabad was moved but no information has been obtained, hence, the amount could not be refunded. The complaint deserves to be dismissed. After hearing the parties the ld. Forum passed the impugned order on 23.7.2008 which is as under:

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"यह परिवाद विपक्षीगण के विरूद्व एक हजार (1000/-) रूपये परिवाद व्‍यय सहित स्‍वीकार करते हुए, विपक्षीगण को आदेशित किया जाता है कि वे इस निर्णय के तीस दिवस के अंदर परिवादी को रसीद जिसकी छायाप्रति 8-ग है, के माध्‍यम से वसूल की गई राशि 260/- रू0 एवम विशेष क्षतिपूर्ति के रूप में 5000/- रू0 का भुगतान कर दें।

विपक्षीगण विशेष क्षतिपूर्ति की राशि को संबधित दोषी कर्मचारी (ट्रेन टिकट परीक्षक) के वेतन से काटेंगे, जिससे विभाग को आर्थिक क्षति न हो तथा उक्‍त कर्मचारी भविष्‍य में किसी अन्‍य यात्री के साथ ऐसा व्‍यवहार न करे।"  

Feeling aggrieved with the impugned order, this appeal has been filed mainly on the grounds that as per section 13 and 15 of the Railway Claims Tribunal Act, 1987 the complaint was barred. The complainant was asked to get the refund but he has filed the complaint case and did not come to take the refund. The concerned TTE had committed mistake as he could not see the ticket properly. There was no deliberate mistake but the ld. Forum has passed the impugned order ignoring all the facts. Therefore, the order is liable to be set aside and the appeal allowed.

The respondent has filed his objection against the appeal submitting therein that section 13 and 15 of the Railway Claims Tribunal were not applicable in the instant case. The officials of the appellant did not pay any heed till an application under the Right to Information Act was moved by him and then only the letter dated 3.8.2007 was sent for taking refund. The impugned order has been passed correctly and hence, this appeal deserves to be dismissed with special costs.

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Heard counsel for the parties and perused the entire records.

In this case, it is not disputed that the complaint was checked by TTE in Mahakaushal Express when he was travelling from Mahoba to Delhi and the TTE had charged Rs.260.00 from the complainant despite the complainant having a valid ticket. The disputed point according to the appellant is that this case was not maintainable under the Consumer Protection Act as section 13 and 15 of the Railway Claims Tribunal Act barred from filing any case in a Court/Forum but we find no substance in this argument as the provisions under the Consumer Protection Act are in addition to the provision of any other Act and therefore, section 13 and 15 of the Railway Claims Tribunal Act can not put bar from a complaint being filed in the District Consumer Forum. Another disputed point is that the concerned TTE had not deliberately committed the mistake of charging Rs.260.00 even though the complainant had valid ticket. In this regard, it is argued by the ld. counsel for the appellant that the TTE was under a wrong impression that the complainant was not having a valid ticket and after calling for his explanation in the matter the respondent was asked to take refund of the amount charged by the TTE. So from the averments made by the appellants themselves, it is clear that the TTE had committed serious lapse in charging the amount of Rs.260.00 even though the complainant was having a valid ticket for travelling in the train. In this regard, we do not have any doubt that the complainant must have gone

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through a bad experience because of the conduct of the TTE concerned. One can understand the plight of valid traveler who is unjustly charged by TTE. Therefore, it is obvious that the appellants were liable for deficiency in service because of a serious wrong committed by their official and therefore, the ld. Forum has rightly passed the impugned order which needs no interference. The appeal deserves to be dismissed.

ORDER

          The appeal is dismissed.

          Parties shall bear their own costs.   

Certified copy of the judgment be provided to the parties in accordance with rules.

         (Vijai Varma)                          (Sanjai Kumar)

    Presiding Member                             Member

Jafri PA-II

Court No.3