SNEH LATA vs Dilbagh Singh

IT is an appeal against the order dated 22.3.1999 of the District Consumer Disputes Redressal Forum, Amritsar (hereinafter called the District Forum).

COMPLAINANT had filed the complaint against, (1) The General Manager, Northern Railways, Baroda House, New Delhi, through the Station Superintendent, Northern Railways, Amritsar Railway Station, Amritsar; and (2) Chief Booking Supervisor, Northern Railways, Amritsar Railway Station, Amritsar, opposite party Nos. 1 and 2 respectively. After considering the material on record and hearing the arguments, the District Forum decided the complaint against the abovenoted opposite parties, wherein a compensation of Rs. 30,000/- was awarded to the complainant and the complaint was accepted with costs of Rs. 1,000/-. The relevant portion of the impugned order reads as under : "Taking into consideration all these facts, we accept the complaint with costs of Rs. 1,000/- and award compensation of Rs. 30,000/- to the complainant. Compensation and costs be paid to the complainant within 30 days from the date of communication of order and after making payment of this amount to the complainant, the opposite party shall recover this amount from the concerned official, who punched wrong date on the ticket; failing which action under Section 27 of the Consumer Protection Act will be taken against the concerned official."

Appeal has been filed before us by Mrs. Sneh Lata wife of Sh. Janak Raj, Sr. B.C., Northern Railways, Amritsar, resident of H.No. 18112/11, Gali Suniaran, Khu Bambe Wala, Amritsar, by impleading complainant Sh. Dilbagh Singh son of Sh. Satnam Singh, resident of Gali No. 4, Guru Nanak Pura, Amritsar and The General Manager, Northern Railways, Baroda House, New Delhi, through the Station Superintendent, Northern Railways, Amritsar Railway Station, Amritsar; and Chief Booking Supervisor, Northern Railways, Amritsar Railway Station, Amritsar, who were opposite party Nos. 1 and 2 respectively before the District Forum. It has been urged by the appellant before us that she had been condemned unheard as per order dated 22.3.1999 of the District Forum. Respondent No. 2 through The Assistant Commercial Manager, Northern Railway, Ferozepur Cantt., had fixed responsibility of the appellant as per the said order in the said complaint adverse to the appellant, who was not party to the complaint. Counsel for the appellant contended that the finding of the District Forum against the appellant be set aside. The respondents in the appeal had nothing to say about the merit of the order. Respondent Nos. 2 and 3 had not filed the appeal against the impugned order. Thus the order of the District Forum has become final qua them. So far as Counsel for the respondent No. 1/complainant is concerned, he is interested in getting the compensation awarded against the Railway Authorities. He is not particular as to who should pay the compensation - Railway Authorities or anybody else on their behalf. We have heard the Counsel for the parties and have gone through the record.

WE do not find any infirmity in the order of the District Forum dated 22.3.1999 except that wherein it is stated that the opposite party shall recover the amount of compensation etc. from the concerned official who punched wrong date on the ticket. The said official, who according to the department is the appellant before us, was neither party before the District Forum nor she was heard the given opportunity to explain her case before the District Forum. WE feel that the District Forum should have kept a restraint in ordering that the opposite party should recover the compensation amount from someone about whose conduct the District Forum did not know and the person who did not have the opportunity to explain his conduct before the District Forum. In these circumstances, we partly allow this appeal and modify the order of the District Forum, which shall now read as under : "Taking into consideration all these facts, we accept the complaint with costs of Rs. 1,000/- and award compensation of Rs. 30,000/- to the complainant. Compensation and costs be paid to the complainant within 30 days from the date of communication of order; failing which action under Section 27 of the Consumer Protection Act will be taken against the concerned official."

Appeal allowed.