R.K. JAIN Vs. DELETED

JUDGEMENT

(1.) THIS appeal is directed against order dated 9.3.2009 of District Consumer Disputes Redressal Forum, Bilaspur (hereinafter referred for short as "District Forum") in Complaint Case No. 256/2007, whereby the complaint of the appellant herein, has been dismissed.

(2.) IN brief facts of the case are that the appellant/complainant alleged that he was illegally charged fine of Rs. 500 besides difference of fare and was also misbehaved by respondent/opposite party Nos. 4 to 9, thus caused deficiency in service, therefore, filed the complaint before the District Forum.

(3.) COMPLAINANT /appellant averred that he is a renowned doctor and commands prestige in society. He further averred that he was travelling by train Sarnath Express on 22.5.2007 with his wife from Bilaspur to Budhar in a sleeper coach vide PNR No. 4255240228 and 66068988 and having felt physically indisposed he decided, for comfort sake, to travel by AC coach, so he contacted the conductor of AC coach OP/respondent No. 10 requesting him to provide accommodation in AC -II if available. It is further averred that after having been permitted and allotted berth Nos. 29 and 30 on the ticket, berths were occupied. It is also averred that no sooner the train started from Bilaspur after about 20 minutes OPs/respondent Nos. 4, 5, 6, 7, 8 and 9 came to the complainant/appellant for ticket checking and pointed out that they were travelling on the basis of unauthorized ticket. When he appraised them of reality then aforesaid OPs/respondent Nos. 4 to 9 allegedly misbehaved and pressed upon him to pay fare with penalty on which he protested saying that he was a bona fide passenger and occupied AC -II bogey with due permission from the Conductor and denied to pay fine. Said OPs/respondent Nos. 4 to 9 on his denial to pay penalty allegedly misbehaved and charged from him Rs. 1,072 including penalty of Rs. 500 pressingly and during such transaction his money Rs. 700 fell down from his purse which was picked up by some one. Meanwhile said OPs/respondent Nos. 4 to 9 called OPs/respondent Nos. 10 and 11 who supported him and requested the checking squad not to charge fine on which it is alleged that OPs/ respondent Nos. 4 to 9 also misbehaved with OPs/respondent Nos. 10 and 11. Complainant/appellant averred that having felt insulted he complained on his own level verbally and also in writing for redressal but could not get relief so being aggrieved financially, physically and mentally he filed complaint before the District Forum seeking compensation.