Chandigarh

DF-I

CC/904/2019

Birendera Kumar Paswan - Complainant(s)

Versus

The Divisional Railway Manager - Opp.Party(s)

In Person

04 Apr 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

 

 

                    

Consumer Complaint No.	:	CC/904/2019
Date of Institution	:	03/09/2019
Date of Decision	:	04/04/2022

 

 

Birendera Kumar Paswan son of Shri Gurdev Paswan, resident of #350, Village Kajheri, Sector 52, UT, Chandigarh.

Permanent Address :

Village Makdoga Thakrimatti, Tiari (65), Chamba, Himachal Pradesh-176308.

… Complainant

V E R S U S

1. The Divisional Railway Manager, Divisional Office, Northern Railway, Ambala Cantt.
2. The Station Master, Northern Railway, Industrial Area, I, Daria, Chandigarh.

Second address

Northern Railway, SCO No.34, Madhya Marg, Sector
7-C, Chandigarh 160002.

3. Northern Railway, Baroda House, New Delhi through its General Manager.

… Opposite Parties

 

CORAM :	MRS. SURJEET KAUR	PRESIDING MEMBER
	SHRI SURESH KUMAR SARDANA	MEMBER

                                               

 

ARGUED BY	:	None for complainant
	:	Sh. Sunil K. Sahore, Counsel for OPs

Per Surjeet Kaur, Presiding Member

1.      The facts in brief are, on 25.8.2019 the complainant booked two train tickets of DBRT Rajdhani Express – one in his name and the other in the name of his mother Smt. Ranjan Devi - from Katihar Jn to New Delhi and paid the amount of ₹4,820/-.  However, when the complainant alongwith his mother arrived at Railway Station, New Delhi on 25.8.2019 he was stopped by the Chief Ticket Collector (employee of OP-3) and asked to show the railway ticket in original. The complainant told him that the tickets were booked through reservation and showed all the relevant documents, but, still the complainant was made to pay a sum of ₹5,150/- for no fault on his part. Alleging that the aforesaid act amounts to deficiency in service and unfair trade practice on the part of OPs, complainant has filed the instant consumer complaint.
2.     OPs contested the consumer complaint, filed their joint written reply and did not dispute the facts with regard to booking of the tickets in question.  Averred, as per statement of TTE/Dinesh Chand who was on duty in the said train No.12423 on 25.8.2019, the passenger failed to produce “original ticket” for journey despite giving sufficient time and as per railway rules, if anyone travelling by train fails to produce the original ticket, penalty is imposed for the same. Since complainant failed to produce the original ticket, penalty charges were recovered from him and due receipt in respect of the same was issued.  Pleading that there is no deficiency in service or unfair trade practice on their part, OPs prayed for dismissal of the consumer complaint.
3.     Parties led evidence by way of affidavits and documents.
4.     We have heard the learned counsel for the OPs and gone through the record of the case.
5.     The sole grouse of the complainant in the present consumer complaint is that despite already purchasing two tickets worth ₹4,820/- for himself and his mother, the OPs demanded further sum of ₹5,150/- from him without any fault on his part.  As per the case of the complainant, during travel he showed all the relevant documents/proofs to the official of the OPs to confirm that he had purchased the ticket.
6.     The stand taken by the OPs is that when the complainant boarded the train, he did not have original ticket in his possession and as per the railway rules, penalty was imposed for the same and hence penalty charges were rightly recovered for which receipt was also issued to him.
7.     After going through the documents on record, it is evident that as per Annexure C-1 the complainant paid ₹4,820/- to the OPs for booking train tickets for travelling from Katihar Jn. to New Delhi on 25.8.2019 for two persons.  Annexure C-2 on the same page reveals that the same two persons again paid ₹5,150/- for the same journey with the same train on the same date as they failed to produce original ticket at the time of travel. There is no dispute that the OPs/railway authorities rightly recovered penalty charges from the complainant because he did not have the ticket while travelling, but, it is also a fact that the amount of ₹4,820/- paid vide Annexure C-1 is also in possession of the OPs.  Hence, we are of the opinion that the act of the OPs for charging twice for the same travel to the same consumer (i.e. complainant) proves deficiency in service and unfair trade practice on their part.
8.     In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. OPs are directed as under :-

1. to refund the amount of ₹4,820/- to the complainant alongwith interest @9% per annum w.e.f. the date of journey i.e. 25.8.2019 till realization.
2. to pay an amount of ₹1,000/-  to the complainant as compensation for causing mental agony and harassment to him;
3. to pay ₹1,000/- to the complainant as costs of litigation.

9.     This order be complied with by the OPs within thirty days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
10.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-	Sd/-
04/04/2022	[Suresh Kumar Sardana]	[Surjeet Kaur]
hg	Member	Presiding Member