VISHVA BANDHU BAJPAI Vs. GENERAL MANAGER EASTERN RAILWAY

JUDGEMENT

(1.) Vishva Bandhu, Bajpai Kanpur has filed this Complaint against Railway Department in this State Commission.

(2.) In the Complaint it has been stated that on 7.5.91, the Complainant got his reservation done from the opposite party by Rajhan Express train No.2302 down for his journey from New Delhi to Kanpur and for this he was issued the ticket in question with wait list No.6/5. The scheduled time of the departure of this train was 5.25 (p. m.) hours and the reservation list put-up on the platform showed the name of the Complainant for coach No.5 under wait list. It is stated that at the time of departure of the train there was no concerned official of the Railway Department at the platform and that he (the Complainant) boarded the train in it's coach No.5. It is stated that after 11/2 hours from the time of departure of the train Mr. Vishwas T. T. E. appeared in coach No.5 and while checking the tickets-the ticket holder was told by the T. T. E. that the wait list ticket is not valid and he told the complainant that he cannot travel on a wait list ticket. The T. T. E. asked for payment of full amount for a fresh ticket and in addition the penalty amount was also asked for, failing which the Complainant was threatened for being taken to the police. In the Complaint the Complainant has stated that the difficulties and the harassment that he experienced. It is stated that when he was taken to the police department, the Complainant had no alternative other than to pay the demanded amount to the T. T. E. and that an payment of Rs.250/- to the T. T. E. , the Complainant was issued receipt No.931433 dated 7.5.91. In the Complaint the Complainant has stated in details about the wrong action of the Railway Department and the harassment and financial loss to which he has been subjected to and in the end of the Complaint following relief have been asked for by the Complainant:-

(3.) The State Commission issued notice to the opposite party fixing the date of 24.12.91 but on that date nobody appeared on behalf of the opposite party (Railway Department ). There has been no appearance on behalf of the opposite party even on subsequently fixed dates. In the end, the case was proceeded ex-parte in regard to the opposite party and arguments were heard as presented by the Complainant.