UNION OF INDIA Vs. VIRINDER KUMAR

JUDGEMENT

(1.) The complainant Virender Kumar is the holder of monthly season ticket from Jalandhar to Ludhiana. On 18.8.1998 he boarded at Jalandhar Cantt. train No. 2926 Dn. Deluxe III A.C. His MST pass was valid up to 26.8.1998. He was also possessing supplementary charge ticket for Rs. 30 also known as superfast charge purchased from Railway Station, Jalandhar Cantt. During the journey at the outskirts of Phagwara City TTE came to him for checking the ticket, who was shown the first class MST pass and the supplementary charge ticket. The TTE treated the complainant as a ticketless passenger and the penalty of Rs. 390 was collected from him. Therefore, he filed a complaint claiming several reliefs.

(2.) The District Forum after hearing the parties accepted the complaint and directed the opposite parties viz., GeneralManager, Divisional Manager and Daljeet Singh, Northern Railways to refund Rs. 390 which had been illegally charged and awarded consolidated damages of Rs. 10,000 with Rs. 2,000 as costs.

(3.) Aggrieved by the order of the District Forum dated 8.7.1999 the opposite parties filed an appeal before the State Consumer Disputes Redressal Commission Punjab which dismissed the same with the observation that "the opposite parties have failed to establish that the complainant was not entitled to travel in superfast train by making the payment of superfast charges. The action of the opposite parties to treat the complainant as ticketless passenger was wrong and illegal".