ADDITIONAL BENCH STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH.

Date of institution : 09.03.2021 Reserved on : 17.02.2022 Date of decision : 23.02.2022 S.C.Khanna, resident of House No.79, W.B.248, Ali Mohalla, Jalandhar (Mobile 90415-64681). Appellant/Complainant Versus D.R.M. Ferozepur Cantt. 152001.

.….Respondent/Opposite party First Appeal against the order dated 19.01.2021 passed by District Consumer Disputes Redressal Commission, Jalandhar.

Quorum:-

Mr. Rajinder Kumar Goyal, Presiding Member Mrs. Kiran Sibal, Member Mrs. Urvashi Agnihotri, Member Present:-

For the appellant : None For respondent : Mrs. K.K.Kahlon, Advocate KIRAN SIBAL, MEMBER The instant appeal has been filed by the appellant/complainant against the impugned order dated 19.01.2021 passed by the District Consumer Disputes Redressal Commission, (in short “District Commission”) Jalandhar, whereby the complaint filed by the complainant against opposite party (in short ‘OP’), under the Consumer Protection Act, was dismissed.

2. It would be apposite to mention that hereinafter the parties will be referred, as have been arrayed before the District Commission.

3. Brief facts of the case for disposal of the appeal are that the complainant was to go to Howrah for medical checkup and had applied for reservation of tickets four months in advance, which were not confirmed. Compelling the complainant to cancel his programme. The complainant prayed for compensation to the tune of Rs.10,000/-.

4. Upon notice OP appeared and contested the complaint. In reply to the complaint, OP stated that the complainant being a retired railway employee got a waiting ticket to Train No.12302/12301 from New Delhi to Howrah through DP quota (Duty Pass Quota). All railway employees have to travel through this pass and can board train by taking reservation through Passenger Reservation System (PRS). A limited number of births had been earmarked in Rajdhani, Shatabdi & Duronto Express trains in all classes. This restriction is not applicable to other Mail/Express trains. Ticket booked through this quota have separate waiting list i.e. DPWL and if any reserved passenger of DP Quota cancelled his seat, only then the seat goes to the waiting list passenger automatically. As per railway extent rules, a waiting list passengers is not authorized to board in the train, if his seat has not been confirmed. If such a passenger is found travelling then he will be treated as un-authorized and charged with penalty accordingly. The complainant was not entitled to any relief. After denying the averments made in the complaint, OP prayed for dismissal of the complaint.

5. Complainant and Opposite party led their evidence in support of their respective contentions before the District Commission. The District Commission after going through the record and hearing learned counsel for the parties, dismissed the complaint of the complainant, vide impugned order. Aggrieved with the same this appeal has been filed by the appellant/complainant.

6. None has appeared on behalf of the appellant, but he argued his case on 17.12.2021. We have heard the appellant and learned counsel for the respondent and have carefully gone through the record on the file and written submission filed by the respondent.

7. The appellant/complainant has argued that the District Commission has not considered the facts of the case and ignored the documentary evidence produced by the complainant. He further argued that the respondent/OP failed to produce any documentary evidence in support of its pleadings. The complainant applied for reservation of his seat under Duty Pass Quota 4 months in advance but the seat has not been confirmed by the OP and compelled the appellant to cancel the same after 117 days from the date of booking. Alleging deficiency in service on the part of the respondent/OP the appellant prayed for acceptance of his appeal.

8. On the other hand, the learned counsel for the respondent/OP contended that the appellant,