LAWS(NCD)-2015-9-193

DILIP MAJUMDAR Vs. GENERAL MANAGER, EASTERN RAILWAY

Decided On September 30, 2015
Dilip Majumdar Appellant
V/S
GENERAL MANAGER, EASTERN RAILWAY Respondents

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against order dated 07-05-2015 passed by the learned State Consumer Disputes Redressal Commission, West Bengal (in short, 'the State Commission'), in Appeal No. 797 of 2014 Sri Dilip Majumdar Vs. General Manager, Eastern Railway, by which while dismissing appeal order of District Forum allowing complaint was upheld.

(2.) Brief facts of the case are that complainant/petitioner purchased on 21-08-2013 an e-ticket for journey from Jasidih Jn. To Howrah for self, wife, sister and brother-in-law for their journey on 21-09-2013 by DN 12024 Patna-Howrah Janasatabdi Express. He was allotted the window side Seat No. 36 in Coach No. DRI. On boarding the train he found that the Seat No. 36 in Coach DR 1 was occupied by another passenger. He requested the said passenger to vacate the seat, but he refused, showing his e-ticket in which it was found that the same seat was allotted to him also. When the Ticket Checker came, the entire matter was narrated to him with a request to arrange a window side seat so that the Complainant would avoid discomfort and sufferings, as he was a patient of high blood sugar, blood pressure, knee pain and some kind of pulmonary discomfort. No help was extended by the TTE. Allegedly, after reaching home, he felt ill and consulted Dr. G.C. Saha at night. He was advised complete rest for 7 days and thereafter it took about two weeks to recover.

(3.) Heard Authorized Representative of the petitioner and perused record.