NORTHERN RAILWAY Vs. DELHI SIKH GURUDWARA MANAGEMENT

JUDGEMENT

(1.) THE complainant, which is a statutory body constituted under the Delhi Sikh Gurudwara Act 1971 has been organizing pilgrimage to Nanded Saheb. The complainant made a security deposit of Rs. 1,80,000/ - with the petitioner Northern Railways, out of which Rs. 1,50,000/ - was deposited on 05.12.2002 and Rs. 30,000/ - on 09.12.2002. Out of the said amount, Rs. 90,000/ - was adjusted at the time of issue special ticket no. 71488 and the balance amount was retained as security deposit. The complainant organized another pilgrimage to Nanded Saheb and made another security deposit of Rs. 1,80,000/ -, out of which Rs. 90,000/ - were deposited at the time of issue of special ticket no. 71489 and the balance amount was retained as security deposit. Thus, a total sum of Rs. 1,80,000/ - remained with the petitioner as security deposit. The complainant wrote several times to the petitioner seeking refund of the aforesaid security deposit. Since, the petitioner failed to refund the said amount despite repeated requests, a complaint was filed before the concerned District Forum, seeking refund of Rs. 1,80,000/ - alongwith interest and Rs. 1 lakh towards compensation.

(2.) THE complaint was resisted by the petitioner/opposite party primarily on the ground that as per Railway Rules, no refund can be given if the folder or ticket is lost or both are not deposited in original. If the folder is submitted after 15 days to within 6 months of the completion of tour, 50% of the deposit can be refunded with the approval of the CPM, however no amount is refunded if the claim is made after six months. It was stated in the reply that the complainant did not submit the original folder as per the requirement of the rule and therefore the security amount could not be refunded to it.

(3.) THE District Forum, vide its order dated 29.04.2010, directed the petitioner to pay sum of Rs. 90,000/ - since balance amount had been paid in the meanwhile. The petitioner was also directed to pay Rs. 25,000/ - as compensation. Being aggrieved from the order of the District Forum, the petitioner filed an appeal before the State Commission. The said appeal was dismissed in default.