CHIEF COMMERCIAL SUPERINTENDENT NEW DELHI Vs. RAJINDER SINGH

JUDGEMENT

(1.) The Northern Railways appeals against the order of the District Forum, Kamal directing the refund of Rs.73/- for the unused railway ticket and granting compensation of Rs.1500/- for the gross delay in doing so.

(2.) Since the issue in the present appeal is now narrowed down to the inordinate delay in making the refund and the quantum thereof, the facts may be noticed with the relevance to the said issue alone. The respondent-consumer had purchased four railway tickets for journey from Karnal to Ludhiana on the 10th of August, 1991 on payment of Rs.136/-. The respondents boarded the Ekta Express for the journey from Karnal to Ambala which however, had arrived so late at Karnal owing to the chain pulling at Kurukshetra that the respondent missed the connection with Shane-Punjab train from Ambala to Ludhiana. Consequently, he deposited all the four tickets with the Station Superintendent, Northern Railways, Ambala, as unused for the rest of the journey and the latter assured him of refund within one week. However, despite repeated requests and representations no refund was made at all.

(3.) On notice being issued the present appellant treated the proceedings before the District Forum somewhat cavallerly. Representation on their behalf was made by a clerk, who presented a pay order of Rs.73/- to the complainant which he refused to accept and pressed the matter to its logical conclusion. The appellant thereafter chose to ignore the matter altogether and no further appearance was put in, with the result that the ex parte proceedings were ordered. The respondent in support of his case put in his affidavit evidence asserting that he had contacted the office of the appellant at Delhi for atleast 10 times without redress. Reliance was also placed on the unrebutted documents on the record.