INDIAN RAILWAYS vs C.B. ASHRA

THIS appeal arises from order dated 8.7.2002 rendered by the learned Consumer Disputes Redressal Forum, Vadodara in Consumer Complaint No. 190 of 2002 directing the opponent Railway administration to refund to the complainant Rs. 142/- recovered from him with interest @ 12% p.a. and pay cost quantified at Rs. 150/- on the following brief allegations of facts.

THE complainant had purchased the ticket in question for Super Fast train for travelling from Surat to Vadodara. He has alleged that he Inquired of the concerned officer whether he would be able to board Bombay-Jaipur Super Fast train and the said officer replied in the affirmative. He accordingly boarded the said train. While he was leaving Vadodara platform, the ticket checker asked him to show the ticket and upon verifying the ticket he informed the complainant that the ticket was not approved ticket for the train in which he had travelled. Ultimately, in spite of objection, the opponent Railway administration recovered Rs. 142/- by way of fare between Baroda and Ratlam and fine. He, therefore, filed complaint before the learned Forum. THE matter went ex parte before the learned Forum. It has been stated before this Commission on behalf of the Railway administration that it acted in accordance with the rules in recovering the amount as well as fine as the complainant was not eligible to travel by particular train on account of distance restrictions applicable to the said train. When this appeal came up for hearing, the original complainant had remained present before this Commission and when he was explained that if the action of the Railway administration was in accordance with rules, it would be difficult to brand the Railway administration with deficiency in service. However, the complainant expressed that the consumers/passengers would not be in a position to know about the restrictions of travelling by particular train on account of short distance restriction and for the interest of the consumers at large such restriction should be publicly known through Railway Time Table as well as by displaying such restrictions at concerned Railway platforms. In response, the opponent Railway administration issued following circular in respect of incorporation of the distance restriction of trains in the train arrival and departure time-table for awareness of rail users: "It has now been decided by the Competent Authority i.e., CCM/CCG that to incorporate the distance restriction of trains in the train arrival and departure time table placed at Railway station for the awareness of rail users. All SM/SSs. Hd TCs, CTIs, Dy. SS & Section CMI should ensure that necessary entries in the time table placed at the Railway station should be made immediately for the awareness of travelling public and apprise action taken so that Consumer Forum may be apprised."

The learned Advocate for the opponent Railway administration makes a statement that afroesaid circular has been complied with by the Railway administration and necessary instructions have been displayed.

IN above view of the matter, we pass following order: ORDER 1. Impugned order dated 8.7.2002 rendered by the learned Consumer Disputes Redressal Forum, Vadodara in Consumer Complaint No. 190 of 2002 is hereby set aside as not surviving in view of what is stated above. However, we recommend the Railway administration to refund the amount recovered from the complainant. The learned Advocate will write to the Railway administration for taking swift action for acting on the aforesaid recommendation and for taking appropriate decision in that respect.

Darkhast No. 413 of 2002 pending before the learned Forum shall stand disposed of in view of aforesaid order. Direct service permitted.

Appeal disposed of.