LAWS(NCD)-2018-1-117

UNION OF INDIA Vs. GOPRANJAN DUBEY

Decided On January 25, 2018
UNION OF INDIA Appellant
V/S
Gopranjan Dubey Respondents

JUDGEMENT

(1.) The facts of this case depict the story of a 74-year old senior citizen, seeking refund of a paltry sum of Rs.357/- as differential amount for travel between AC II tier and AC III tier coaches, from the Department of Railways, Government of India, for which he has been dragged to avoidable litigation, upto the level of this Commission.

(2.) This revision petition has been filed under section 21(b) of the Consumer Protection Act, 1986 against the impugned order dated 29.09.2016, passed by the Odisha State Consumer Disputes Redressal Commission (hereinafter referred to as 'the State Commission') in CD First Appeal No. 893/2008, "The Divisional Manager, East Coast Railway Sambalpur & Ors. versus Goparanjan Dubey", vide which, while dismissing the said appeal, the order dated 23.10.2008, passed by the District Forum Sambalpur in consumer complaint No. 36/2008, filed by the present respondent/complainant, allowing the said complaint, was modified. The District Forum had directed payment of Rs.10,000/- as compensation and Rs.500/- as litigation cost to the complainant, but the State Commission modified the order in appeal and gave directions to pay a sum of Rs.357/- to the complainant towards refund of the differential amount of the ticket and also to pay Rs.5,000/- towards compensation and Rs.2,000/- as cost of litigation.

(3.) The facts of the case are that the respondent/complainant Goparanjan Dubey, a senior citizen, aged 74 years, who is the Chairperson of the Children Welfare Committee, Sambalpur, duly constituted by the State Government of Odisha, booked a confirmed return railway ticket to travel from Sambalpur to Guwahati in Assam by AC II tier class. The date of onward journey was 19.01.2008 by