Order dictated by:

Ms.Rachna Arora,  Member

1.       Sh.Parbodh Chander Bali has brought the instant complaint under section 12 & 13 of the Consumer Protection Act, 1986 on the allegations that  the complainant is a citizen of India and resident of Amritsar and all transactions have been executed from Amritsar and as such, this Forum has jurisdiction to entertain this complaint. The Opposite Party provides a lawful service on payment of Rs.10/- cash for allowing safe access to enter into and to stay on at Amritsar Railways Station Platforms for a duration of two hours from the time of purchase of  service, available from enquiry counter of Opposite Party situated at Railway Station Amritsar and Opposite Party issues a platform ticket as token for payment and availing service. On 31.12.2016 at 10.45 PM, the complainant went to Amritsar Railway Station to receive his wife, coming from New Delhi by Shatabadi Express Train on her reserved seat in coach No.C8 and the said train was late by approximately half an hour from its scheduled arrival. So on 31.12.2016 at 10.45 PM for the purpose of obtaining legal entry to platform, the complainant approached the enquiry counter of station and paid Rs.10/- cash to Opposite Party employee and employee of the Opposite Party supplied platform ticket No. 85394 to complainant. The complainant noticed on the spot that while it was clearly printed on the body of platform ticket Valid only for two hours, but no time or date of issue was imprinted on ticket as per rules and practice which the Opposite Party does not  on all of its journey cardboard tickets. The complainant when enquired about this deficiency from the employee of the Opposite Party at Enquiry Counter, the Opposite Party employee told to the complainant that Opposite Party had  no arrangements for imprinting time and date on body of platform tickets and further assured that complainant was unnecessary worried and the complainant could enter the platform without any problem. On assurance of Opposite Party, the complainant entered on to platforms and after 5 minutes suddenly the complainant was asked by TTE  of Opposite Party to show the complainant’s ticket. When the platform ticket was shown to TTE by the complainant, the TTE of Opposite Party made a straightway objection that the platform ticket was not bearing any time or date and the complainant was just a without ticket passenger caught on platform to be penalized as per rules. The complainant had to cut sorry figure before public who were anxiously looking at complainant. The complainant asked TTE to come alongwith complainant to enquire from the enquiry counter of Opposite Party about this, but the TTE was not ready and TTE started writing memo of penalty. The complainant gave logic to TTE that the platform ticket was not bearing even any old time or date imprint and was blank hence this was in favour of the complainant and with this logic, the TTE accompanied the complainant to enquiry counter for inquiring truth and after getting a positive nod from enquiry counter employee, the TTE left complainant go without any penalty and also returned the platform ticket to complainant. The complainant was to receive his wife who is not in good health and as such, the complainant returned home hurriedly and could not lodge any complaint with Opposite Party. The complainant felt very humiliated and insulted totally due to negligence, unfair trade practice and providing injurious service to the complainant.                         Vide instant complaint, the complainant has sought the following reliefs.

a)       Complainant may kindly be allowed with relief against the Opposite Party and Opposite Party be directed to refund the amount of Rs.10/- as paid to Opposite Party by the complainant. 

b)      Opposite Party may kindly be directed to pay compensation of Rs.5000/- as costs of this litigation.

c)       Opposite Party may kindly be directed to pay compensation of Rs.5000/- for deficient services and for causing intentional harassment, insult and mental agony.

d)      Opposite Party may kindly be directed to pay Rs.50,000/- for loss of reputation before public and for accusing complainant falsely as without ticket passenger.

e)       Any other relief, which this Forum may deem fit on the facts and circumstances of the case may also be allowed to the complainant and against the Opposite Party.            

Hence, this complaint.

2.       Upon notice, Opposite Party appeared and contested the complaint by filing written statement taking preliminary objections therein inter alia that the complainant has not come to this Forum with clean hands and has misrepresented the material facts before this Forum. It is submitted that the present complaint is filed by the complainant pleading that the Opposite Party is guilty of deficiency in service, unfair trade practices, malpractices and these allegations are false and frivolous. On merits, it is averred that the complainant has framed a self made story with oblique motive and the complainant be put to prove his case with cogent evidence. The complainant has no witness in this regard and has concocted a baseless story. It is denied that the complainant had purchased PF ticket No. 85394 himself for the purpose of obtaining legal entry to the platform for himself.  Since the complainant has not purchased any such platform ticket as such the story concocted by him is false and frivolous.  The complainant has fabricated  this false story for taking the false compensation from the railways. On enquiries made from the enquiry counter clerk it is transpired that no such conversation between him or complainant has taken place in fact the complainant has not approached the enquired counter as alleged so there is no question of any assurance given by the enquiry counter.  All the story has been made up by the complainant is concocted one.    Remaining facts mentioned in the complaint are also denied and a prayer for dismissal of the complaint with cost was made.

3.       In his bid  to prove the case, complainant tendered into evidence  affidavit Ex.C-1 in support of the allegations made in the complaint and also produced the original platform ticket Ex.C2, copy of certificate of insurance confirming of travel ticket Ex.C3 and closed his evidence.

4.       On the other hand, to rebut the evidence of the complainant, the Opposite Party tendered into evidence the affidavit of Sh.Roshan Singh, Senior Divisional Commercial Manager Ex.OP1, affidavit of Avinash Chander, Travelling ticket Examiner Ex.OP2, coy of diary book Ex.OP3

and closed the evidence on behalf of the Opposite Party.

5.       We have heard the complainant and ld.counsel for the Opposite Party and have carefully gone through the evidence on record.

6.       The complainant has submitted his affidavit Ex.C1 in which he has reiterated the facts as detailed in the complaint. The case of the complainant is that on 31.12.2016 at 10.45 PM, the complainant went to Amritsar Railway Station to receive his wife, coming from New Delhi by Shatabadi Express Train on her reserved seat in coach No.C8 and the said train was late by approximately half an hour from its scheduled arrival. So on 31.12.2016 at 10.45 PM for the purpose of obtaining legal entry to platform, the complainant approached the enquiry counter of station and paid Rs.10/- cash to Opposite Party employee and employee of the Opposite Party supplied platform ticket No. 85394 to complainant. The complainant noticed on the spot that while it was clearly printed on the body of platform ticket Valid only for two hours, but no time or date of issue was imprinted on ticket as per rules and practice which the Opposite Party does not  on all of its journey cardboard tickets. The complainant when enquired about this deficiency from the employee of the Opposite Party at Enquiry Counter, the Opposite Party employee told to the complainant that Opposite Party had  no arrangements for imprinting time and date on body of platform tickets and further assured that complainant was unnecessary worried and the complainant could enter the platform without any problem. On assurance of Opposite Party, the complainant entered on to platforms and after 5 minutes suddenly the complainant was asked by TTE  of Opposite Party to show the complainant’s ticket. When the platform ticket was shown to TTE by the complainant, the TTE of Opposite Party made a straightway objection that the platform ticket was not bearing any time or date and the complainant was just a without ticket passenger caught on platform to be penalized as per rules. The complainant had to cut sorry figure before public who were anxiously looking at complainant. The complainant asked TTE to come alongwith complainant to enquire from the enquiry counter of Opposite Party about this, but the TTE was not ready and TTE started writing memo of penalty. The complainant gave logic to TTE that the platform ticket was not bearing even any old time or date imprint and was blank hence this was in favour of the complainant and with this logic, the TTE accompanied the complainant to enquiry counter for inquiring truth and after getting a positive nod from enquiry counter employee, the TTE left complainant go without any penalty and also returned the platform ticket to complainant. The complainant was to receive his wife who is not in good health and as such, the complainant returned home hurriedly and could not lodge any complaint with Opposite Party. The complainant felt very humiliated and insulted totally due to negligence, unfair trade practice and providing injurious service to the complainant.                         

7.       On the other hand, although the Opposite Party did file the written reply to the allegations made in the complaint, but however, there is no specific denial. It is an admitted fact that the complainant purchased the platform ticket, original ticket is placed by the complainant on record as Ex.C2. The case of the Opposite Party is that   the complainant has no witness in this regard and has concocted a baseless story.  It is denied that the complainant had purchased PF ticket No. 85394 himself for the purpose of obtaining legal entry to the platform for himself.  Since the complainant has not purchased any such platform ticket as such the story concocted by him is false and frivolous.  The complainant has fabricated  this false story for taking the false compensation from the railways. On enquiries made from the enquiry counter clerk it is transpired that no such conversation between him or complainant has taken place in fact the complainant has not approached the enquired counter as alleged so there is no question of any assurance given by the enquiry counter.  All the story has been made up by the complainant is concocted one. But however, perusal of the original platform ticket Ex.C2 which is placed by the complainant on record, shows that there is no    time or date of issue imprinted on ticket as per rules. It is impossible to ascertain as to when the time and date of platform ticket starts, hence there is great lapse on the part of the Opposite Party. On query,  the Opposite Party could not give any reply in this respect regarding  the non imprinting of date and time on the platform ticket purchased by the complainant and in view of this, all the averments made by the complainant appears to be correct.    In view of this, the case of the complainant is having strength because he must have humiliated in front of TTE when he asked the complainant to show the platform ticket and the complainant must have suffered without his fault when he has already spent money for the purchase of the platform ticket. In such a situation there is certainly deficiency, negligence and unfair trade practice on the part of the Opposite Party.

8.           The complainant has sought for refund of sale price amounting to Rs.10/- besides compensation to the tune of Rs.50,000/-. In our considered view, the Opposite Party is  liable to refund the amount of Rs.10/- to the complainant. But however, the claim for compensation to the tune of Rs.50,000/-  is concerned, the same appears to be exorbitant and excessive. The rationale behind grant of compensation has been to compensate a party of the loss occasioned by it. It is none of the intention of the legislature while legislating the Consumer Protection Act to enrich a particular party at the cost of the other. The compensation has  to be awarded in commensuration with the loss occasioned to the complainant. In our considered view, ends of justice would  be fully met if the complainant is awarded compensation to the tune of Rs.5000/- and we award the same accordingly. Besides this, the complainant is also entitled to litigation expenses to the tune of Rs.2000/-. Opposite Party is  granted one month time to comply with the order, failing which the awarded amount shall carry interest @ 9% per annum from the date of passing the order until full and final payment.  Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.

Dated: 28.06.2017.