STATE CONSUMER DISPUTES REDRESSAL COMMISSION PUNJAB, DAKSHIN MARG, SECTOR 37-A, CHANDIGARH.

Date of Institution : 08.06.2024 Date of Reserve : 14.02.2025 Date of Decision : 27.02.2025

1. Indian Railways through General Manager, Railway Complex, Amritsar Railway Station, Amritsar, Punjab through Authorized Representative.

2. Divisional Railways Manager, Indian Railways, DRM Office Firozpur Division, Firozpur Cantt. Amritsar, through Authorized Representative.

3. Senior Station Master, Indian Railways, Railway Station, Amritsar, Punjab, through Authorized Representative.

4. Railways Booking Clerk of Booking Counter No., India Railways, Railway Station, Amritsar, Punjab through Authorized Representative.

(All the Appellants are represented by Authorized Representative namely Miss Payal (Serial no.1360) posted as Sr.Divisional Commercial Manager, DRM Office, Ferozepur.

……..Appellants/Opposite Parties Versus Raj Kumar S/o Hari Singh, R/o Ekta Nagar Chhugian Chabal Road, Amritsar.

…….....Respondent/Complainant Appeal under Section 41 of the Consumer Protection Act, 2019 to challenge the order dated 08.02.2024 passed by the District Consumer Disputes Redressal Commission, Amritsar in C.C. No.902 of

2019.

Quorum:-

Hon’ble Mrs. Justice Daya Chaudhary, President Ms. Simarjot Kaur, Member Mr. Vishav Kant Garg, Member Present:-

For the appellants : Sh.Akash Vashisth, Advocate For the respondent : Sh.Raj Kumar, in person

1) Whether Reporters of the Newspapers may be allowed to see the Judgment? Yes/No

2) To be referred to the Reporters or not? Yes/No

3) Whether judgment should be reported in the Digest? Yes/No SIMARJOT KAUR, MEMBER :-

The Appellants/Opposite Parties have filed the present Appeal under Section 41 of the Consumer Protection Act, 2019, (in short the ‘Act’) for setting aside the order dated 08.02.2024 of the District Consumer Disputes Redressal Commission, Amritsar whereby the Complaint filed by the Complainant had been allowed.

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

3. Briefly, the facts of the case are that the Complainant had booked the railway ticket on 14.08.2019 for the journey from Amritsar to Chandigarh on 15.10.2019 (morning). Similarly, the return ticket was also booked for 16.10.2019 (evening) from Chandigarh to Amritsar. Accordingly, the ticket booking form was filled up by the Complainant wherein the date and time was mentioned. The Complainant was surprised when he checked the booking chart at Amritsar as his name was not mentioned in the list. The booking clerk had booked both the tickets for evening. He approached the Railway Authority, Amritsar but no one had given satisfactory reply. In fact they started to blame each other. The Complainant had to attend Appeal before RTI officer on 15.10.2019 at 11:30 am so he had to purchase a general ticket for the said travel. He had suffered lot of inconvenience due to negligence of the booking clerk. He had to travel to Chandigarh in the train without getting a seat. He is senior citizen and was suffering from asthama. The aforesaid act of OPs amounted to a case of ‘deficiency in service’ due to which he had suffered mental harassment, monetary loss and inconvenience. Hence, the Complaint was filed by the Complainant with the directions to be issued to OPs to pay compensation of Rs.15,000/-

and also to pay the litigation expenses.

4. Notice of the Complaint was issued to the OPs, who had appeared before the District Commission and filed their written statement.

M.A. No.1300 of 2024 (Delay)

5. There is delay of 224 days in filing the Appeal. MA No.1300 of 2024 has been filed for condonation of delay of 224 days in filing the Appeal which was supported by an affidavit.

6. Mr.Akash Vashishth, Advocate learned Counsel for the Appellants has submitted that the impugned order was pronounced on 08.02.2024 but the Appellants/OPs had not received the copy of the same. The Appellants/OPs had to seek permission t