Delhi

New Delhi

CC/241/2016

Raj parkash - Complainant(s)

Versus

The General Manager & Anr - Opp.Party(s)

27 Feb 2023

ORDER

 

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-VI

(NEW DELHI), ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN,

I.P.ESTATE, NEW DELHI-110002.

Case No.CC-241/2016

IN THE MATTER OF:

Sh. Raj Parkash

S/o Sh. Late Sh. Shiv Narain

R/o H.NO. 40, Near Plastic Pipe Factory,

Village and P.o. Ghevra,

Delhi-110081                                                                                                            ...Complainant

VERSUS

 

1. The General Manager

Northern Railway, Baroda House

New Delhi-110001

2. Chief Commerical Manager, (Railways)

IRCA Reserevation Complex,

Northern Railway, New Delhi...Opposite Parties

 

Quorum:

Ms. Poonam Chaudhry, President

   Shri Shekhar Chandra, Member

 

                                                                                                                                            Date of Institution       :18.04.2016                                        Date of Order             : 27.02.2023

 

ORDER

 

POONAM CHAUDHRY, PRESIDENT

1. The present complaint has been filed under Section 12 of the Consumer Protection Act, 1986 (in short CP Act) alleging deficiency of service of Opposite Party (in short OP).
2. It is alleged that the complainant had booked two train Tickets on 03.11.2015 for his children Master Kunal aged about 7 years and Kumari Khushi aged about 6 years for the journey from New Delhi to Haridwar on 23.11.2015 by train No. 12055 (Jan Shatabdi Express) and had submitted two reservation requisition forms vide S.No. 43/108 and 44/108 respectively for onward and return journey at the Reservation Counter, New Delhi.
3. It is further alleged that two tickets were issued to the complainant bearing No.58221129 (PNR 211-1502363/12055) and 58221130 (PNR 285-5921222/12056).
4. It is further stated that to the utter surprise of the complainant, when his children reached the Haridwar station for their journey from Haridwar to New Delhi on 30.11.2015, they noticed their names missing from the Reservation Chart, but they boarded the train due to non-availability of any information and shortage of time.
5. It is also alleged that due to mistake of reservation officer, the complainant had to pay the penalty despite having reservation for the journey and had to suffer humiliation for no mistake on their part.
6. It is stated the acts by the officers of the opposite parties are not only illegal and amount deficiency of service, but has caused the complainant and his family inconvenience, financial losses and enormous mental torture.
7. It is stated the complainant has lodged a complaint with the opposite parties and has also got issued a legal notice dated 05.02.2016 through his counsel, but the opposite parties did not sent reply to the same.
8. It is prayed that OP be directed/award the refund of amount to two tickets i.e. Rs.190/- (Rupees One Hundred Ninety) and penalty Rs.1,00,000/- (Rupees One Lakh) be awarded towards compensation for harassment, mental agony, humiliation, deficiency in service and loss of reputation caused to the complainant and his family members and a sum of Rs.33,000/- (Rupees Thirty Three Thousand) be given towards legal expenses.
9. Notice of the complaint was issued to OP, OP entered appearance and filed reply opposing the complaint on various grounds inter alia stating that the complaint is totally misconceived, bad and is liable to be dismissed. It was alleged that as per Section 13 and 15 of the Railway Claims Tribunal Act 1987, the jurisdiction of the for a established under the Consumer Protection Act is barred. The sole jurisdiction to try the complaint would be the Railway Claim Tribunal.
10. It was further alleged that on every reservation office/counter, the Indian railway administration has written in bold letter that “please check your journey detail and balance amount before leaving the reservation counter”. In the present case it was a typographical mistake. The mistake has not been committed intentionally or with any fraud in mind. It is further submitted that the complainant has also responsible for his convenience. Thus in the above facts and circumstances, the question of payment of compensation does not arise at all.
11. The complainant filed rejoinder reiterating therein the averments made in the complaint and controverting all the allegation made in the written statement. Both parties thereafter filed their evidence by way of affidavit and also written submissions.
12. We have heard the Ld. Counsel for Parties and perused the evidence and material on record carefully.
13. As regards the contention of OP that complaint is not maintainable, the complainant ought to have filed a civil suit. It is to be noted that the remedy provided under the Consumer Protection Act are additional remedies apart from the other remedies including those provided by Special Statues. The availability of alternative remedy is no bar in entertaining a complaint under the Consumer Protection Act as held by Hon’ble Supreme Court in Civil Appeal No. 3581-3590-20 M/s Imperia Structures Limited Vs. Anil Patni and Anr.
14.  We hold OP-1 and 2 guilty of deficiency of service for issuing tickets for wrong date for the journey from Haridwar to New Delhi. We hold OP No.-1 and 2 jointly and severally liable and direct OP No.-1 and 2 to refund the amount of Rs. 190/- (Rupees One Hundred Ninety) to the complainant and also pay compensation of Rs.5,000/- (Rupees Five Thousand) for mental agony to the complainant, within four weeks from the date of receipt of the order, failing which OP will be liable to pay interest @9% till realization.

A copy of this order be sent/provided to all parties free of cost. The order beuploaded on the website of this Commission.

File be consigned to record room along with a copy of the order.

 

 

Poonam Chaudhry

(President)

                                                   

 

 

Shekhar Chandra

                                                                                                 (Member)