GENERAL MANAGER, EASTERN RAILWAY Vs. DILIP MAJUMDER

JUDGEMENT

(1.) This revision petition has been filed by the petitioner The General Manager Eastern Railway against the order dated 29.07.2016 of the State Consumer Disputes Redressal Commission, West Bengal, (in short 'the State Commission') passed in FA/935/2014.

(2.) Brief facts of the case are that on 07.11.2013, the complainant filed a complaint before the District Consumer Disputes Redressal Forum, Kolkata, (in short the 'District Forum') with the allegation that he purchased e-ticket on 21.08.2013 for journey on 21.09.2013, through IRCTC website [Internet service] for journey of the complainant and other three passengers on seat no.36,37, 38 and 39 in Second sitting class (2S) coach no.DR1 of train no.12024 of 21.09.2013 from Jasidih to Howrah. It has further been alleged that though a seat no.35 [window seat] in coach no.DR1 of train no.12024 of 21.09.2013 was allotted to the complainant, but on boarding the train at Jasidih, he found that the said seat has been occupied by other passenger. The complainant 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 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, the complainant felt sick and consulted Doctor at night because of the sufferings during his journey for about 05 hours. He filed a complaint before District Forum seeking a compensation of Rs.2 lakhs from the General Manager, Eastern Railway. On 03.07.2014, the District Forum awarded compensation of Rs.35,000/- towards causing mental pain, agony, harassment and sufferings. Punitive damage of Rs.5000/- was imposed against the petitioner for the purpose of checking the malpractice and deceitful manner of practice of its employee. In addition to the above, for each days delay penal interest @ Rs.250/- was also imposed on the petitioner. on 06.08.2014, the complainant filed an appeal before State Commission, West Bengal against the order dated 03.07.2014. On 27.08.2014, the opposite party filed an appeal before State Commission, West Bengal against the order dated 03.07.2014. On 07.05.2015, the State Commission, West Bengal dismissed the appeal filed by the complainant. On 30.09.2015, National Commission dismissed the RP No.1339 of 2015 filed by the complainant. On 29.07.2016, the State Commission, West Bengal dismissed the appeal filed by the opposite party.

(3.) Hence the present revision petition.