LAWS(NCD)-2016-2-55

NORTHERN RAILWAY Vs. DR. N.K. SINGLA

Decided On February 09, 2016
NORTHERN RAILWAY Appellant
V/S
Dr. N.K. Singla Respondents

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against order dated 02-09-2014 passed by the learned State Consumer Disputes Redressal Commission, UT Chandigarh (in short, 'the State Commission'), in First Appeal No. 252 of 2014 Northern Railway through G.M., New Delhi & Anr. Vs. Dr. N.K. Singla, by which while dismissing appeal, order of District Forum allowing complaint was upheld.

(2.) Brief facts of the case are that complainant/respondent had booked a Circular Tour Ticket (for brevity 'CTT') No. 41592417 on 20.05.2013 for the journey to start from 07.07.2013 in 3 AC class for two adults i.e. himself and his wife (both senior citizens) from the City Booking office, Northern Railway, Sector 17, Chandigarh. It was stated that the complainant paid Rs.4,375/- as fare, Rs.720/- towards reservation charges and Rs.90/- as supplementary charges for super-fast trains, total Rs.5,185/-. It was further stated that the said ticket was valid upto 19.08.2013 (Annexure C1/1 to C1/9). It was further stated that the complainant found that he had been over-charged for the aforesaid ticket on four counts. It was further stated that although the opposite parties knew that there was no train having 3AC coach, yet they issued the Ticket on the CHURU-RINGAS section and charged for 3 AC Class, due to this, the complainant had to suffer in parching hot conditions of Rajasthan in the month of July. It was further stated that the opposite parties were required to refund the difference between the charged fare of 3 AC and fare of an ordinary train. It was further stated that the same amounted to Rs.350/- per ticket and for 2 tickets it is for Rs.700/-. Alleging all charges and deficiency in service on the part of opposite party, complainant filed complaint before District Forum. Opposite party resisted complaint and denied charging extra amount and submitted that Consumer Fora as no jurisdiction to entertain the complaint and prayed for dismissal of complaint. Learned District Forum after hearing both the parties allowed complaint and directed opposite party to refund Rs.700/- and pay compensation of Rs.500/-. Appeal filed by opposite party was dismissed by learned State Commission vide impugned order against which this revision petition has been filed.

(3.) Heard learned counsel for the petitioner and respondent in person and perused record.