Appeal No.1886/08

Station Supdt.,Railway Station,Jaipur & ors. V. Sanni Chandwani

Before:

Mr.Justice Sunil Kumar Garg-President

Mrs.Vimla Sethiya-Member


Smt.Maya Bansal,counsel for the appellants

None for the respondent



Date of Judgement: 3.7.09


BY THE STATE COMMISSION

This appeal has been filed by the appellants railway department which were ops before the District Forum,Udaipur against the order dated 21.8.08 passed by the District Forum,Udaipur in complaint no.104/07 by which the complaint of the complainant respondent was allowed against the appellants in the manner that the appellants were directed to return the amount of Rs.4/- charged in excess as fare from the complainant respondent and further for the deficiency the appellants were directed to deposit a sum of Rs.11,000/- in the Consumer Welfare Fund and further directed to pay Rs.1000/- as amount of cost to the complainant respondent and in case if the above amount was not paid within one month the appellants would further pay interest @ 9% p.a on the above amount interalia holding that when the complainant respondent had taken two tickets on 11.12.06 after paying Rs.266/-, in fact the appellants should have issued tickes after taking Rs.262/-,thus Rs.4/- were wrongly charged from the complainant respondent and for the deficiency the impugned order was passed.


2

It may be stated here that though the case of the appellants was that the mistake had occurred due to some mistake which was found in the computer system.


In our considered opinion,Rs.4/- were charged in excess is a well established fact and for the deficiency the District Forum had rightly held the appellants responsible.


During the course of the arguments the learned counsel for the appellants has raised one point that passing an order for depositing Rs.11,000/- in Consumer Welfare Fund was not justified at all, as the Consumer Forums had no power to pass such an order and reliance has been placed on a decision of Hon'ble National Commission in the case of Amit Swami V. Coca Cola India Ltd. & Ors reported in 2007 CTJ 600(CP(NCDRC).


In our considered opinion,this argument appears to be acceptable one as the Hon'ble National Commission has held that the Consumer Forums cannot pass such order.


When this being the position,that part of the order by which the District Forum had ordered that Rs.11,000/- be deposited in the Consumer Welfare Fund deserves to be quashed and this appeal deserves to be allowed partly.


For resons as stated above,this appeal filed by the appellants is partly allowed in the manner that that part of the order dated 21.8.08 passed by the District Forum,Udaipur by which the appellants were directed to deposit a sum of Rs.11,000/- in the Consumer Welfare Fund is quashed and set aside. Rest order is maintained.



Member President