BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, JALANDHAR.
Complaint No.123 of 2022
Date of Instt. 20.04.2022
Date of Decision: 10.02.2023
S. C. Khanna age 81, resident of House No.W. B. 248, Ali Mohalla, Jalandhar (Mobile 90415-64681).
..........Complainant
Versus
1. D. R. M. Ferozepur-152001
2. Station Supdt. Jalandhar (Railways)-144001.
….….. Opposite Parties
Complaint Under the Consumer Protection Act.
Before: Dr. Harveen Bhardwaj (President)
Sh. Jaswant Singh Dhillon (Member)
Present: Complainant in Person.
Sh. R. K. Bhalla, Adv. Counsel for OP No.1.
OP No.2 exparte.
Order
Dr. Harveen Bhardwaj (President)
1. This complaint has been filed by the complainant, wherein alleged that the complainant was to attend State Commission and seat were booked. The scheduled arrival of train was 08:43 am which reached at 12:45 pm that is 4 hours late. The complainant reached in Court at 01:45 PM and was not allowed to argue the case. The complainant was marked absent and lost case and as such, the present complaint filed with the prayer that the OPs be directed to pay him a compensation of Rs.10,000/-.
2. Notice of the complaint was given to the OPs, but despite service OP No.2 failed to appear and ultimately, OP No.2 was proceeded against exparte, whereas OP No.1 appeared through its counsel and filed written reply and contested the complaint by taking preliminary objections that the complaint is not maintainable in the present form, hence the same is liable to be dismissed. On merits, all the allegations as made in the complaint are categorically denied and further submitted that as per railway time table schedule arrival of Train No.O2715 UP at Amritsar is 20:35 PM. On dated 18.10.2021, Train No.02715 UP arrived late at 02:30 AM due to Kisan Agitation in various locations. Hence Train No.02716 DN was re-scheduled at 07:50 AM on dated 19.10.2021 due to maintenance work from 03:00 AM to 07:00 AM. According to the Railway Extent Rule as mentioned in the Railway Time Table, page No.C/30 if the train is running more than 3 hours late, full fare is permissible without any deduction but complainant in question is a retired railway employee and his seat was booked on Free Pass. As such, question of compensation does not arise and lastly submitted that the complaint of the complainant is without merits, the same may be dismissed.
3. Rejoinder to the written statement filed by the complainant, whereby reasserted the entire facts as narrated in the complaint and denied the allegations raised in the written statement.
4. In order to prove their respective versions, both the parties have produced on the file their respective evidence.
5. We have heard the learned counsel for the respective parties and have also gone through the case file as well as written arguments submitted by counsel for both the parties very minutely.
6. The complainant has filed the complaint alleging that he got the tickets booked to attend his case before the Hon’ble State Commission, but the train reached late by four hours, therefore he could not appear in the Commission in time and was not allowed to argue the case, with the result, he lost his case. This is deficiency in service on the part of the OPs by delaying the train by four hours which has obstructed the complainant from attending his case.
7. The Ld. Counsel for the OP has submitted that there is no deficiency in service on the part of the OPs. The complainant is retired employee of railway and he had free pass of railway. Admittedly, the train got late, but that was due to unavoidable circumstances i.e. due to Kisan Agitation. As per rule, if the train is late by more than three hours, the full fare, without any deduction, is to be refunded as per Ex.O1, but since the complainant was having free pass, therefore as per regulations, he is not entitled to any refund. Therefore, the complaint has no merits.
8. Ex.C-1 is the summon which proves that in a case was filed by S. C. Khanna, the complainant before the Hon’ble State Commission, the date was fixed 19.10.2021 and he was directed to appear at 10:30 AM. Ex.C-2 is the reservation ticket, which shows that the complainant had got booked the ticket for 19.10.2021 and the time of arrival has been mentioned as 08:43. Admittedly, the train was late by four hours. The complainant has proved on record the copy of the judgment/order Ex.C-3. He alleged that his case was dismissed because of his non-appearance on 19.10.2021. Perusal of this order shows that this order was reserved on 17.02.2022 and the same was decided on 23.02.2022. Perusal of the entire order nowhere shows that the complainant lost the case due to his non-appearance on 19.10.2021. The absence of the complainant has been marked as none on 23.02.2022 and not on 19.10.2021. The complainant has produced on record the reservation ticket of 17.12.2021, which shows that he was to go to Chandigarh before the Hon’ble State Commission on 17.12.2021. Perusal of Ex.C-3 shows that in Para No.6 of the order, the Hon’ble State Commission has specifically observed that on 23.02.2022 none appeared on behalf of the appellant, but he argued his case on 17.12.2021, meaning thereby that he attended the Court on 17.12.2021 and argued his case. There is no document on the file which may show that due to his non-appearance on 19.10.2021 before the Hon’ble State Commission, he lost his case. The date alleged by the complainant 19.10.2021 is nowhere connected with any of the order or any of the documents to show that there was any malafide intention on the part of the OPs. So, there is no deficiency in service on the part of the OPs and the complaint of the complainant is without merits and thus, the same is dismissed with no order of costs. Parties will bear their own costs. This complaint could not be decided within stipulated time frame due to rush of work.
9. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Jaswant Singh Dhillon Dr. Harveen Bhardwaj
10.02.2023 Member President
