LAWS(NCD)-2016-5-79

RAJMAL JAIN & 5 ORS. SON OF LATE SHRI ANANDI LAL JAIN RESIDENT OF 1803, FATEHPURIYON KIA DARWAJA CHAURA RASTA, JAIPUR RAJASTHAN Vs. INDIAN NORTH WESTERN RAILWAY THROUGH DIVISIONAL MANAGER,JAIPUR RAILWAY STATION, OFFICE OF D.R.M. JAIPUR

Decided On May 25, 2016
Rajmal Jain AndAmp; 5 Ors. Son Of Late Shri Anandi Lal Jain Resident Of 1803, Fatehpuriyon Kia Darwaja Chaura Rasta, Jaipur Rajasthan Appellant
V/S
Indian North Western Railway Through Divisional Manager,Jaipur Railway Station, Office Of D.R.M. Jaipur Respondents

JUDGEMENT

(1.) This revision petition has been filed by the complainant, Rajmal Jain &Ors. against the order dated 14.05.2015 passed by the State Consumer Disputes Redressal Commission, Rajasthan (in short ‘the State Commission’).

(2.) Brief facts of the case are that the complainant had travelled from Jaipur to Parasnath on 24.12.2010 by Train No.2308 A (Bikaner Howrah Superfast). The complainants were initially on waiting list number 9 to 14 later on their waiting tickets were converted to RAC. They were accommodated in coach No.B 2 and were allotted seats on berth no.47, 55 and 63. The complainant’s case is that on enquiry from the TTE they were assured that after Agra they will be allotted independent berths and till Agra they will have to travel on sitting basis. The complainants have filed this complaint alleging deficiency in service against the railways that till Parasnath the TTE had not allotted them berth though there were cancellations and vacant berths were allotted to some other passengers after taking convenience fees from them.

(3.) Finding deficiency in service, the complainants filed consumer complaint before the District Consumer Protection Forum, No.1 Jaipur, Mahanagar, (in short ‘the District Forum’), which passed following order on 17.09.2014:-