DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,<br /> BATHINDA (PUNJAB)<br /> <br /> CC. No. 175 of 03-08-2009<br /> Decided on : 15-12-2009 <br /> <br /> Amrit Lal C/o M/s. Tara Chand Daulat Ram, Commission Agents, Bhucho Mandi, Bathinda.<br /> .... Complainant<br /> Versus<br /> <br /> 1.Union of India through its General Manager, Baroda House, New Delhi.<br /> 2.Northern Railway, Ambala Cantt. through D.R.M, Ambala Cantt.<br /> 3.Station Superintendent, Northern Railway, Bathinda.<br /> <br /> ... Opposite parties<br /> <br /> Complaint under Section 12 of the Consumer Protection<br /> Act, 1986.<br /> <br /> QUORUM <br /> <br /> Ms. Vikramjit Kaur Soni, President<br /> Dr. Phulinder Preet, Member<br /> Sh. Amarjeet Paul, Member<br /> <br /> For the Complainant : Sh. Sanjay Goyal, Advocate, counsel for the complainant <br /> For the Opposite parties : Sh. Vinod Garg, Advocate, counsel for opposite parties. <br /> <br /> O R D E R<br /> <br /> VIKRAMJIT KAUR SONI, PRESIDENT<br /> <br /> 1. Briefly stated the case of the complainant is that he got booked three seats in A.C. Coach and paid Rs. 1050/- on 15-06-2009 for journey from Bathinda to Haridwar and journey was to commence on 21-06-2009. On 21-06-2009, he boarded in A C Coach of train Haridwar Express. When train departed from Bathinda Railway Station, the ticket checker/Incharge of Coach stated the since the tickets of the complainant were in waiting, he shall charge Rs. 100/- per passenger i.e. Rs. 300/- in total for three persons. The complainant refused to give the amount and being annoyed, T.C. threw his family and luggage out of the running train and ultimately, complainant and his wife shifted to general compartment. After reaching Haridwar Railway Station, he made written complaint, but till today, no action has been taken. Hence, this complaint for issuing directions to the opposite parties to pay him compensation to the tune of Rs. 80,000/- for mental tension and harassment which he suffered due to the misbehaviour of T.C. He also claims litigation expenses to the tune of Rs. 10,000/-.<br /> 2. The opposite parties filed reply taking legal objections that complaint has been filed only to injure the reputation and goodwill of the opposite parties; complainant has concealed the material facts and documents from this Forum; this Forum has got no jurisdiction to try and decide the complaint as the Railway Claims Tribunal has got the exclusive jurisdiction to try and decide it and the complainant is not consumer; complaint is not maintainable. On merits, it has been specifically denied that Ticket Checker asked the complainant to pay Rs. 300/- or his family or their luggage were thrown out of the train. It has been submitted that the booking in the A.C. Compartment was full to capacity and no body including the complainant and others could be allowed to sit in the A.C. Compartment at all.<br /> 3. In support of his averments contained in the complaint, the complainant has produced in evidence his affidavit Ex. C-1, photocopy of complaint dated 21-06-09 Ex. C-2, photocopy of letter dated 13-07-09 Ex. C-3 and photocopies of cutting of newspapers Ex. C-4 & Ex. C-5.<br /> 4. To controvert the evidence of the complainant, the opposite parties tendered in evidence two affidavits of S/Sh. Harvinder Singh, Train Examiner and Sham Nath Meena, ACM-II, Ex.R-1 & Ex. R-2. Photocopy of reservation chart Ex. R-3, photocopy of proceedings Ex. R-4 and another affidavit of Sh. Ram Nath Meena Ex. R-5.<br /> 5. We have heard the learned counsel for the parties and have gone the record of the case.<br /> 6. Admittedly, the complainant had 3 AC tickets in waiting Nos. 20, 21 & 22. The opposite parties have produced on record a railway chart of confirmed tickets of A.C. Coach dated 21-05-2009 when the complainant was to commence his journey. A perusal of it shows that the seats No. 20, 21 and 22 were not confirmed. Therefore, the complainant and his companions were not entitled to board the train.<br /> 7. The oral allegation of the complainant that T.C. had offered him and his companions A.C. Chairs on payment of Rs. 100/- per seat, has not been corroborated by any evidence. Therefore, this allegation of the complainant is difficult to be accepted.<br /> 8. In view of what has been discussed, the complaint fails and is hereby dismissed with no order as to costs. <br /> Pronounced :<br /> 15-12-2009 <br /> (Vikramjit Kaur Soni)<br /> President<br /> <br /> <br /> (Dr. Phulinder Preet)<br /> Member <br /> <br /> <br /> (Amarjeet Paul) Member <br />