BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, LUDHIANA.
Complaint No: 27 of 06.01.2016. Date of Decision: 28.10.2016.
Qimti Lal Jain S/o. Sh. Ram Lal Jain, aged 65 years, resident of Kothi No.27-28, Guru Nanak Nirankari Colony, Sunder Nagar, Ludhiana.
..… Complainant
Versus
- Union of India, Ministry of Railways, 543, Rail Board, Raisina Road, New Delhi.
- General Manager, Northern Railway, Baroda House, New Delhi.
- Station Superintendent, Railway Station, Ludhiana.
- Divisional Railway Manager, Northern Railway, Ferozepur Division, Ferozepur.
- Bawa Singh TTE HQ Jalandhar through Station Superintendent Railway Station, Jalandhar City.
…..Opposite parties
Complaint under the Provisions of Consumer Protection Act, 1986
QUORUM:
SH. G.K. DHIR, PRESIDENT
MS. VINOD BALA, MEMBER
COUNSEL FOR THE PARTIES:
For complainant : Sh. Uma Shanker, Advocate.
For OP : Ms. Vijay Sharma, Advocate.
ORDER
PER G.K. Dhir, PRESIDENT
1. Complaint under Section 12 of the Consumer Protection Act (hereinafter referred as Act) filed by complainant by pleading that complainant and his wife Smt. Neelam Jain went on India tour starting from Ludhiana to various places of India itself. Complainant obtained circular ticket No.44253885 bearing PNR No.230-6116573 valid from 03.07.2015 to 07.09.2015, but his wife was having circular ticket No.44255146 bearing PNR No.263-4371035 with validity from 03.08.2015 to 27.09.2015. Both these tickets were for travelling inAC 3 Tier compartment. Complainant and his wife completed their journey successfully up to Delhi. On 19.08.2015 after return back to Delhi, complainant and his wife boarded in train No.14649 from Delhi to their destination Ludhiana. Forty vacant berths were available in the compartment when the train reached at Sabzi Mandi (Delhi) railway station. There T.T.E i.e. OP5 came in the compartment and called upon complainant to get the fresh ticket from Delhi to Ludhiana. Complainant was asked to purchase new ticket despite the fact that he was having valid journey ticket. So complainant had to pay Rs.1960/- as journey charges from Delhi to Ludhiana. That payment was made vide receipt No.989085 dated 19.08.2015. The amount of Rs.1960/- was charged illegally and forcibly from complainant and his wife. Normally it is seen that during possession of circular ticket, concerned T.T.E may charge only one seat charges at the time of allotment of specific seat on payment of Rs.90/-. OP5 misbehaved with the complainant and even hurled filthy language. Complainant filed application on 28.08.2015 under Right to Information Act, which was duly replied vide letter dated 20.10.2015. Thereafter, complainant served legal notice dated 07.09.2015 through counsel, but no response was received and as such, by pleading deficiency in service and adoption of unfair trade practices, direction sought for refund of illegal charged amount of Rs.1960/- with interest @18% per annum. Compensation for mental harassment of Rs.50,000/- and litigation expenses of Rs.22,000/- more claimed.
2. In written statement jointly filed by Ops, it is pleaded, interalia, as if complaint is not maintainable because the same alleged to be filed just for black mailing the department. Besides it is claimed that complainant is a habitual litigant. Admittedly complainant and his wife were having circular ticket and they boarded in train No.14649. OP5 was having no knowledge about the circular ticket and he ignorantly asked the complainant to purchase ticket from Delhi to Ludhiana. Admittedly OP5 charged Rs.1960/- from complainant, but allegation of humiliation denied. Department had already taken action against OP5 and as such, Ops are not guilty of unfair trade practice. Complainant never approached OP3. Other allegations of complaint denied.
3. Complainant to prove his case, tendered in evidence his affidavit Ex. CW1/A along with documents Ex. C1 to Ex. C12 and thereafter, counsel for complainant closed evidence.
4. On the other hand, counsel for Ops tendered in evidence affidavit Ex. RA of Sh. Roshan Singh, Senior Divisional Manager, Northern Railway, Firozpur along with document Ex. R1 and then, closed evidence.
5. Written arguments not submitted by any of the parties. Oral arguments heard and record gone through carefully.
6. It is admitted in written statement of Ops as well as in affidavit Ex. RA of Sh. Roshan Singh that Rs.1960/- were charged by OP5 because he was having no knowledge about effect of purchase of circular ticket. It is admitted during course of arguments itself that a person holding circular ticket need not purchase new ticket and as such, amount of Rs.1960/- virtually was charged illegally from complainant.
7. Copies of circular tickets in name of complainant and his wife are produced on record as Ex. C1 and Ex. C2 and receipt regarding charging of Rs.1960/- from complainant produced on record as Ex. C3. As the amount of Rs.1960/- charged illegally by OP5 from complainant and as such, same is an act of unfair trade practice. Even if Ops may have taken departmental action against OP5, but despite that complainant had to shell out extra Rs.1960/- due to illegal act of OP5 in charging that amount and as such, complainant had suffered due to adoption of unfair trade practice adopted by an employee of Ops i.e. OP5. For this adoption of unfair trade practice, complainant deserves to be compensated suitably. As Rs.1960/- charged excessively and illegally from complainant, so complainant entitled to refund of this amount also.
8. As a sequel of above discussion, complaint allowed in terms that Ops will refund Rs .1960/- (Rupees One Thousand Nine Hundred Sixty only) to complainant within 30 days from the date of receipt of copy of order. Compensation of Rs.2,000/- (Rupees Two Thousand only) and litigation expenses of Rs.2,000/- (Rupees Two Thousand only) more allowed in favour of complainant and against Ops. Payment of litigation expenses and compensation amount be also made within 30 days from the date of receipt of copy of orders. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.
(Vinod Bala) (G.K. Dhir)
Member President
Announced in Open Forum.
Dated:28.10.2016.
Gobind Ram.
