Sri Shyamal Gupta, Member

Aggrieved with the order of Ld. DCDRC in Case No. EA/82/2014, arisen out of CC/94/2012 of North 24 Parganas dated 30.11.2016, this Appeal is moved by the Appellant.

The fact goes that the Complainant purchased a Journey-cum-Reservation ticket from the Railway Reservation Office at Barrackpur after providing all particulars necessary for issuing a Railway ticket, i.e. boarding and terminating points, the Train Name and No. and other information as required by the Railway counter staff. It was the primary responsibility of such staff to make the intending passenger aware of any situation that may not fulfill the purpose of purchasing the ticket. In the present case the Complainant/Appellant might have been ignorant about the diversion of the route of the desired train for his journey from Howrah Station to Puri and might have not been aware of the notices issued thorough newspapers, but the Railway staff manning the ticket counter is supposed to be posted with every relevant information about the running of the desired train between the staring and destination points as mentioned by the passenger. It is absolutely the fault and negligence on the part of the concerned Railway staff that he issued a ticket to the Complainant/Appellant without any care or caution. As a result, the passenger suffered and no satisfactory explanation could be provided by the OP/Railway authority.

However, on hearing both sides, Ld. DCDRC dismissed the complaint case on question of maintainability.

Being aggrieved with the said order, Complainant/Appellant filed an Appeal before the Ld. SCDRC, West Bengal wherein in FA/709/2012, the Bench passed the following order on 20.11.2013.

“That the appeal be and the same is allowed on contest. A compensation of Rs. 1,00,000/- only shall be paid by the OP/Railway authority along with a litigation cost of Rs. 1,000/-. The total sum of Rs. 1,01,000/- shall be paid within 45 days from the date of this order, failing which Rs. 50/- for each day of default after the said 45 days shall be payable by the OP/Respondent till full realization of the sum awarded.”

Being dissatisfied with the said order Respondent/OP DRM Sealdah Division moved before the Hon’ble NCDRC, where Hon’ble NCDRC passed the following remark on 21.01.2014 in Review Petition No. 4882 of 2013.

“Therefore, we find no reason to interfere with the quantum of compensation awarded by State Commission. Accordingly the revision petition is dismissed.”

Being further aggrieved with the said order of Hon’ble NCDRC, Respondent/OP moved before the Hon’ble Supreme Court through SLP (c) No. 27168 of 2014 where Hon’ble Supreme Court passed the following order:-

“We do not see any reason to interfere with the impugned order. The special leave petition is dismissed accordingly.”

Thereafter Respondent paid Rs. 1,01,000/- to Complainant on 08.09.2015. Prior to that an Execution Case was filed by DHr/Complainant/Appellant vide No. EA/82/2014 passed the following order dated 30.11.2016.

“The OP has paid Rs.1,01,000/- in favour of Sumanta Kumar Saha (V.O.S. order No. 8 dated 08.09.2015 and marginal note and order No. 13 dated 15.07.2016 making payment of Rs. 850/-.

In view of right of OP to get the liability during revision and appeal period as reflected in a judgment of Hon’ble Supreme Court dated 07.07.2015, special leave 27168 of 2014 AIR 1958 SC 868 and M/s Om Enterprise –Vs—Kalpana Sen (National Commission) we are inclined to hold that the O.P/JDrs have no further liability to pay any dues.

Hence,

Ordered

That the case is dropped on full satisfaction on contest.”

Against this order, Complainant/Appellant/DHr filed the instant Appeal. Peculiar enough, Respondent/DRM Sealdah Division did not turn up here, subsequently and the case runs ex parte.

Appellant admitted that he received Rs. 1,01,000/- and Rs. 850/- as default calculation made by OP as per direction of Ld. DCDRC, but actually claimed Rs. 1,42,850/- as default amount as on 18.11.2021.

Perused the order No. 14 dated 20.07.2016 in EA/82/2014 which speaks.

“Office calculated the still due is Rs. 18,700/- JDr. is directed to deposit the same by 06.09.2016.”

Ld. DCDRC, though reflected in his order sheet dated 30.11.2016.

In view of right of OP to get the liability during revision and appeal period as reflected in a judgment of Hon’ble Supreme Court dated 07.07.2015, special leave 27168 of 2014 AIR 1958 SC 868 and M/s Om Enterprise –Vs—Kalpana Sen (National Commission)

But there is no such remark of ‘waiver’ of delayed payment calculation.

Apart from that compliance of order dated 20.07.2016 is not taken place by the Ld. DCDRC.

Accordingly, the order dated 30.11.2016 is not sustainable in the eye of law and the same is set aside. Appellant/DHr is directed to furnish a fresh application within 30 days in Execution Case EA/82/2014 for redressal of his grievance/claim. Ld. DCDRC, North 24 Parganas is advised to adhere the order dated 20.11.2013 of this Commission. Thus the instant Appeal is allowed in part.