ORDER

ORDER BY Smt JAYASHREE.S.KAJAGAR (Lady Member)

FACTS OF THE CASE

1. The Above mentioned complainant has booked the Royal Enfield Electra (Thunder Bird) motor cycle bearing Reg No: KA 02 H.N 0821 under consignment from Yeshwantpur railway station to Gadag railway station (Destination). After paying Rs690/- towards charges and obtained a receipt no: A102495 dated 23.02.2013 at Exb-P1 and also complainant filed his documents at exhibits P1 to P5 in all.

2.    Then on 24.02.2013 the complainant had been to Gadag railway station to take delivery of the said vehicle. But railway commercial supervisor sought Rs517/- at exhibit-P2 to get the vehicle on the ground that the respondent is required to pay more charges as per railway rules. Then the said complainant strenuously paid Rs 517/- as per his receipt dated 24.02.2013 at exhibit-P2. Hence the complainant prays that the amount paid in excess charges collected over and above till the date of filing be refunded and compensation of Rs 10,000/- and cost also be payed to him.

 3.      The learned advocate for the respondents has filed the objections and affidavit on 01.08.2015 stating that the recovered Rs 690/- as freight charges as per railway receipt dated 23.02.2015 but over and above charges collected are not admissible, but insisted the complainant to pay, Amongst other grounds mention his affidavit dated 01.08.2015 prayed that the refund of the excess charges and compensation prayed for by the complainant towards mental and physical harassment etc, and prayed for dismissal of the complaint. Respondents have also file their documents at R1 & R2 and also produced

1. Annexure I-Regarding Indian railway conference association coaching tariff No: 25.
2. Annexure II- The Railways Act 1989 (24 of 89)

On perusal of these two annexures 1 and 2, In our opinion they are not applicable to the facts of this case as it involves the deficiency of service by violating the contract already entered into at Yeshwantpur Railway Station, As per exhibits P1 to P5 produced by the complainant as provided u/s 2(1) (g) read with sec 3 of the consumer protection Act 1986.

4.     Both parties filed their affidavits and written arguments pursued the document filed by the both parties.

5.      On the basis of the Arguments and evidences placed before us, the following points are arised for our consideration:

                                                Our Answer to the above Points are:-

Point No. A in the affirmative

Point No. B in the affirmative,

Point No. C in the partially affirmative,

Point No. D as per the final Order.

Reasons

1.        The complainant filed his complaint on the main grounds that, the Respondents have no rights to collect excess charges of Rs517/- without any just cause and it is not tenable which amounts to a deficiency of their services. As once the consignment made by the complainant from Yeshwantpur Railway station, these respondents have no right to recover excess charges which is not permissible under any contract even respondents have produced the RAILWAY RULES, It appears that the complainant though paid the charges as formed by Yeshwantpur Railway station, he is not required to pay excess charges of Rs 517/- recovered by the respondents, as it amounts to unfair trade practice and deficiency of service. Hence respondents have violated the contract entered into by the respondents is binding on them. Thus they are liable to refund the excess payment recovered by the respondents to the complainant.

2.     Apart from the above facts this case is not coming under the Railways Claims Tribunal Act. Therefore this forum has been compelled to consider that, once a contract is entered by the yeshwantpur railway station no violation can be made by the respondents in accordance with law, It is the duty of the yeshwantpur railway station to get whatever charges required by the law from the complainant at the time of receiving said vehicle.

3.         Section 3 of the consumer protection Act 1986 read as under

                                                                                           SECTION 3

                                                                       Act not in derogation of any other law

The provisions of this act shall be in addition to and not in derogation of the provisions of any other law for the time being in force, Such a act was enacted to provide for better protection of the interest of consumers and for establishment of consumer councils and other authorities for the settlement of consumer disputes and for the matters connected there with provisions contained in the act are in addition to and not in derogation of the provisions of any other law for the time being in force. There is no provision in the act which bars filing of a complaint by a consumer. Hence the present complaint is maintainable and this forum has got jurisdiction to entertain and decide the matter in accordance with law.

      Considering the pain and  suffering of the complainant in order

  to meet the ends of justice, it is just and proper that the complainant is entitled for the compensation to the extent of Rs 4000/- for his mental agony along with cost of Rs 1000/- towards cost. Hence the order   

//O R D E R//

1.   The following order is passed allowing the complaint in part with cost etc. as under

2.  The complainant has proved his case and as such the respondents are directed to refund the excess charges of Rs 517/- to the complainant.

3. An amount of Rs 4000/- towards compensation to be paid by the respondents to the complainant for the mental agony suffered by the complainant.

4. The cost of Rs 1000/- is awarded.

5. The respondents are directed to pay in all rupees 5517/- (Five thousand five hundred seventeen rupees only) to the complainant in one lumbsum within three months from the date of this order. If they failed to do so they are directed to pay an interest of 8% per annum from the date of this order till realisation. 

6.  The copies of this order shall be delivered to the both parties free of cost. 

 (Dictated to the Stenographer, transcribed by him, corrected and then pronounced by me in the Open Court on this 29^th day of October, 2015)

Member                                   Member                         President