- (1.) THIS appeal is directed against order dated 08.11.2012 of District Consumer Disputes Redressal Forum, Raipur (C.G.) (hereinafter called "District Forum" for short) in Complaint Case No.213/2010, whereby the complaint of the respondent/complainant against the appellants, has been allowed and the appellants have been directed to pay Rs.5,000/ - by way of compensation for mental agony and Rs.2,000/ - as cost of litigation to the respondent/complainant.
(2.) IN nut shell, the facts of the case before the District Forum are that on 09.06.2009 respondent / complainant purchased a railway ticket for journey on 10.06.2009 by Amarkantak Express, train No.2814 from Katni to Durg as sleeper class and paid Rs.233/ -. Later on, it was observed by the respondent/complainant that the said ticket was not confirmed and no berth was allotted to him. He requested to T.T.I to provide a berth and when he refused, then the respondent/complainant approached to Chief Ticket Inspector's Office, but found that no one was there. Then, he came to Raipur by performing journey in ordinary class by purchasing another ticket and on next day on 11.06.2009 he claimed refund of amount of that ticket from the Station Master of Raipur. He was advised to send claim form along with original ticket by speed post. Thereafter a claim was preferred by him accordingly, but the amount of ticket was notrefunded for quite long time, then the consumer complaint was filed before the District Forum.
(3.) THE consumer complaint was resisted by the appellants/OPs on the ground that it was not maintainable before the District Forum as Section 13 of the Railway Claims Tribunal Act, 1987 provides for exclusive jurisdiction of the Tribunal in respect of refund of amount of tickets and therefore, the District Forum was not having jurisdiction. To entertain the complaint. Some other grounds were also taken. Learned District Forum, did not agree with the defence taken by the appellants/OPs before it and allowed the complaint by directing the appellants/OPs to pay compensation to the respondent/complainant.;