SH. SANJAY KUMAR, PRESIDENT

1. Vide this order we will be deciding the admissibility of present complaint.
2. Present complainant has been filed by complainant seeking direction to OPs to pay the amount by adjusting as concession meant for senior citizens for both the tickets of train No. 22280 Taj Express from New Delhi to Agra Cantt Railway Cant and Return Journey  from Agra Cant Railway Station UP to New Delhi train No. 22279 on 22.02.2023: and further to pay Rs.  5,00,000/- against cost of legal notice dated 25.02.2023 which is mentioned in words however in digits same is mentioned as Rs. 5,000/- along with interest @ 12%  p.a. thereon from respective dates and times of application whereof on concession amount on ticket of both ways journey on 20.02.2023 and e mail legal notice dated 25.02.2023 which was duly received, also pay an amount of Rs 2 Lakh compensation for damages etc., continuing and having been caused to complainant by respondents due to their illegal acts, omission and commission etc. also falling under category of “continuing gross deficiency in services” on their respective parts for the facts and submissions etc in favour of complainant and against Opposite Parties out of their personal funds in their joint and several liability and responsibility in the interest of justice and also award cost in favour of complainant and against OPs.
3. Sh. N.S. Nangia Advocate (hereinafter referred as Complainant) and Indian Railways (hereinafter referred as OP1), and Indian Railway Catering and Tourism Corporation Ltd. (hereinafter referred as OP2), Mr. Ashwani  Ashwani Vaishnaw (hereinafter referred as OP3), Mr. Piyush Goyal  The then Minister for Indian Railways, Presently Minister of Commerce & Industry,  Consumer Affairs, Food & Public Distribution (hereinafter referred as OP4)
4. In brief the facts are that the complainant is a practicing advocate and dealing cases in Delhi and outstation also. It is stated that he was having his legal matters in District Courts Agra UP as a complainant and recently in connection with some legal work in a criminal case  pending in Agra Criminal Court in UP which had to take its own time and after completing said task during remaining time the complainant had to planned to perform his personal pursuits and thus he planned to go Agra UP 20.02.2023. It is further stated that probability on 31.12.2022 he had got booked two tickets from Jalandhar City Railway Station under 2S in General Category, first from New Delhi Railways Station to Agra UP by Taj Express Train No. 12280 scheduled to leave at 06.55 a.m. and arrive at Agra Cantt. Station at 09.20 hrs. On 20.02.2023 bearing PNR No. 251-8090271 for which he paid Rs. 105/- and was allotted a seat in Compartment No. D9; 54 WS and also for his return journey on the same day he opted Taj Express Train No. 12279 as per schedule to have left at 18.20 hrs. And arrive at New Delhi Railway Station at 21.35 hrs. Bearing PNR No. 261-8090103 for Delhi for which he paid Rs. 105 and allotted seat as RLWL/61 RLWL/4.
5. It is stated that the train started at 0640 hrs as per scheduled time but unfortunately and very shocking noting speed of train unusually running and usual time was getting beyond scheduled time which he started noticing at different places that it got very late and ultimately reached Agra Cant Station UP only at 10.44 a.m.
6. The scheduled strict time at Agra District Court is 10 am but after getting doen from said train the complainant had to travel for further about 15 kilometres by any suitable available mode to reach the said court latest by 30-40 minutes and due to this excessively getting delayed he reached at District Court Agra at 11.32 am and started his tasks and spent about one hour during delay of the said train thus it  disturbed his personal schedules and he had to drop idea to perform his personals pursuits, apprehended that he may not miss the said train No. 12279 scheduled to arrive at 6.20 p.m. at Agra Cantt Railway Station   which is not his fault. This resulted in various serious implications and depriving, disturbing and damaging to exercise his personal right and personal affairs.
7. It is stated that after completing his tasks at Agra District Court UP, complainant reached the Agra Cantt Station at about 4.45 hrs and departure time of Taj Express Train No. 12279 from Agra Cantt Station UP to New Delhi Railway Station was 06.20 pm thus he waited in waiting hall meant for second class passengers and just before one hour he observed that the train No. 12279 arrived at platform No. 3 and reached at the said platform to catch the train, however, during noon hours he received intimation via SMS that he has been allotted a seat No. 97 in compartment No. 9 of scheduled Taj Express Train No. 12279 which was initially showing delay of a few minuts but gradually this time of delay started increasing and ultimately the said Train reached Platform No. 3 at 7 pm. And he got his seat and train departed within five to seven minutes.
8. It is stated that the train in both way journey got delayed by more than one hour which time on its reaching well in time would have been available to the complainant after performing task in Agra District Courts UP and also to his return journey to Delhi.
9. It is further stated that first complainant intended to travel through metro from New Delhi Railway Station but he could not get last metro train from Nizamuddin  metro Station as he was on foot which took 8 to 10 minutes and on reaching he found that the last metro train had also left or already gone and no metro was available therefore he waited for three wheeler auto Rickshaws  who demanded hefty amount about Rs. 500 to drop him near his house and lastly  one three wheeler agreed to drop him near Rama Vihar for sum of Rs. 250/- on the condition that he would carry some other passengers too. 
10. It is further stated that complainant is entitled for applicable refund available for senior citizens, suitable compensation not below than Rs. 2 Lakhs. It is further stated that Respondent No. 3 and 4 are sole and ultimate authority of policy makers under whose command, direction and orders etc the remaining respondent merely subordinate are legally bound to obey the directions decisions and commands.
11. It is stated that Respondent No. 3 who in the disguise of Covid 19 withdrew the concession for senior citizens whereas the bureaucrats themselves remained grossly and repeatedly flouting and violating avoiding mental pain etc have recurring effects on the senior citizens of withdrawal of concession of senior citizens . It is stated that complainant also repeatedly protested the issue of concession to senior citizens and as per reply dated 08.08.2022 by Indian Railway received by the complainant for the year 2017-18 the net earning till date is RS. 7,978.76 Crores.
12. It is further stated that all the journeys taken by the complainant since July 2021 caused sufferance for serious gross deficiency of late arrival and late moving of the trains. It is stated   that Indian Railway is not personal affair of complainant the requisite norms but imposing   in human manner on the public as a sort of punishment and torture during Covid 19 period and after its being replaced since the Respondent No. 4 has stepped into the shoes of and all bars of Covid 19 period have been lift since long back but inspite of repeated representations by public and senior citizens including legal notice 25.02.2023 respondent No. 4 not resorted to concession for senior citizens. Therefore Respondent No. 3 and 4 and other respondents in personal capacity are also necessary parties required to be impleaded in the present complaint. It is stated that due to and fro journey from New Delhi to Agra which due to late running of train  caused damages depriving disturbing restlessness, shock agony mental pain to a senior citizen even in the night he couldn’t able to take dinner as he reached home at odd hours. Hence present complaint filed.   
13. We have heard arguments on admission on behalf of the complainant and perused the record.
14. In substance the main grievance of the complainant is that he being a senior citizen deprived off the senior citizen concession by the Indian Railways. On this issue the Hon’ble Supreme Court in M.K. Balakrishan Vs Union of India WP(C) No. 494/2023 filed under Article 32 of Constitution of India decided on 28.04.2023 has already observed that this the matter involves the policy decision of the Railways whether to restore the railway concession to senior citizens as was done before on the ground of being a welfare state and dismissed the Petition. It is pertinent to mention here that in the month of April Hon’ble Supreme Court already set at rest this issue. The Complainant being an advocate is supposed to be aware of law of land. Since the Hon’ble Supreme Court has already dismissed the plea with regard to revival of concession to senior citizens therefore this Commission has no jurisdiction to deal with the issue of revival of concession  to the senior citizens. Therefore this Commission cannot determine whether complainant is entitled for refund of the of the paid ticket for the journey from New Delhi to Agra and Agra to Delhi after the withdrawal of senior citizen concession by Govt of India. We find no merit in the present complaint in this regard. Furthermore the complainant has filed the photocopies of the ticket however he has not given the details of any court work which he had attended on 22.02.2023 at District Court Agra. No documentary proof filed with regard to the alleged timing of reaching at Agra late or reaching of the train at New Delhi which caused any inconvenience or hard ship to the complainant. Complainant has himself admitted that first he tried to get the metro but ultimately got three wheeler at Rs. 250/-.No documentary proof filed in this regard to establish prima facie such alleged hardship to the complainant.
15. It is pertinent to mention here that the complainant impleaded Hon’ble Minister Mr. Ashwanin Vaishnaw and Mr. Piyush Goyal who have no role to play in the entire alleged incident. OP No. 4 Mr. Piyush Goyal is no more minister for Indian Railway herefore there is no cause of action against him. Furthermore the complainant without any cause of action impleaded Mr. Ashwani Vaishnaw Minsiter for Railways as the grievance of all the senior citizens dealt by Hon’ble Supreme Court as mentioned hereinabove. The present complaint is clear cut example of misuse of process of law therefore we don’t find any prima facie case for issuing Notice to Opposite Parties on the allegations as alleged by the complainant. The present complaint as already discussed in substance with regard to grievance for senior citizens concession which has already been decided by Hon’ble Supreme Court therefore we find no merits in the present complaint. Hence present complaint is dismissed.
16. The complainant without any cause of action impleaded Hon’ble Minister Mr. Ashwani Vaishnaw and Hon’ble Minister Mr. Piyush Goyal who have no role to play in the present facts and circumstance of the case to make it more sensational complaint however as our considered view it is mere misuse of process of law, therefore, we find that present case be dismissed and cost be imposed as well on the complainant for filing such complaint. Hence we impose a cost of Rs. 1/- (One) on complainant which shall be deposited with Consumer Legal Aid Account within one month from today.
17. On the basis of above observation and discussion present complain be dismissed. 
18. Copy of the order be given to the parties free of cost as per order dated 04.04.2022 of Hon’ble State Commission after receiving the application from the parties in the registry.

Order be uploaded on www.confonet.nic.in. File be consigned to Record Room.

Announced in open Commission  on 27.07.2023.

(SANJAY KUMAR )                  (NIPUR CHANDNA)                (RAJESH)

PRESIDENT                                        MEMBER                       MEMBER