NCDRC

NCDRC

RP/2335/2010

UNION OF INDIA & ORS. - Complainant(s)

Versus

VINOD KUMAR AIREN - Opp.Party(s)

MRS. REKHA AGGARWAL

23 Jul 2010

ORDER


NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. 2335 OF 2010
(Against the Order dated 29/03/2010 in Appeal No. 1973/2006 of the State Commission Rajasthan)
1. UNION OF INDIA & ORS.Railway, Baroda HouseNew DelhiDelhi2. STATION SUPERINTENDENTNorthern Western Railway, Hanumangarh Junction3. STATION SUPERINTENDENTNorth-Western RailwayJaipurRajasthan ...........Petitioner(s)
Versus
1. VINOD KUMAR AIRENResident of Hanumangarh TownHanumangarhRajasthan ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE K.S. GUPTA ,PRESIDING MEMBERHON'BLE MR. S.K. NAIK ,MEMBER
For the Petitioner :MRS. REKHA AGGARWAL
For the Respondent :NEMO

Dated : 23 Jul 2010
ORDER

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We have heard Mrs. Rekha Aggarwal on admission.

          Respondent/ complainant who was getting treatment at Swai Man Singh Hospital, Jaipur got two seats reserved on 27.2.2006 in Coach No. S-5 in train No. 9711 Jaipur-Shree Ganganagar Express for himself and his wife for coming back to Hanumangarh from Jaipur.  On reaching station the respondent learnt that Coach No. S-5 was not attached to the train.  He was forced to purchase tickets in air-conditioned sleeper by paying extra amount of Rs. 1332/-.    Attributing deficiency in service, a complaint was filed by the respondent claiming refund of the extra amount paid and other reliefs which was  contested  by  the petitioners/ opposite  parties.  It was  pleaded  that   on   the   advise   of   technical  officers  of  Railways, Coach No. S-5 not being in working condition was declared sick and, therefore, not attached to the train.  Respondent had completed the return journey in air-conditioned sleeper and there was no deficiency in service on the part of petitioners.  Order of the State Commission under challenge would show that the petitioner had not produced any evidence in regard to Coach No. S-5 not being in working condition and additional sleeper coach not being available for being attached to the train at Jaipur railway station.  Order would, further, show that in appeal the State Commission had reduced the amount of award as passed by the District Forum to a sum of Rs. 11,199/-.  Amount being meager and there being no evidence to the above effect, we are not inclined to interfere with the order of State Commission in revisional jurisdiction under Section 21 (b) of the Consumer Protection Act, 1986.  Revision petition is, therefore, dismissed.

 



......................JK.S. GUPTAPRESIDING MEMBER
......................S.K. NAIKMEMBER