State Consumer Disputes Redressal Commission
Chander Mehta vs Union Of India, on 3 February, 2012
2nd Bench
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB
SECTOR 37-A, DAKSHIN MARG, CHANDIGARH.
Consumer Complaint No.44 of 2008.
Date of Institution 10.09.2008.
Date of Decision: 03.02.2012.
Chander Mehta S/o Sh. Bhagwan Dass, Resident of House No.212-D/R,
Model Town, Yamuna Nagar-135 001.
.....Complainant.
Versus
1. Union of India, through Secretary, Ministry of Railways, Railway
Bhawan, New Delhi.
2. The General Manager, Northern Railway, Baroda House, New Delhi.
3. The Divisional Railway Manager, Northern Railway, DRM Office,
Ferozepur Cantt.
4. The Station Superintendent, Northern Railway, Railway Station Atari,
District Amritsar.
...Opposite parties.
Consumer Complaint U/s 17 of the
Consumer Protection Act, 1986.
Before:-
Shri Inderjit Kaushik, Presiding Member.
Shri Piare Lal Garg, Member.
Present:-
For the complainant : Sh. Chander Mehta, in person.
For the opposite parties : Sh. Jagdish Marwaha, Advocate.
INDERJIT KAUSHIK, PRESIDING MEMBER:-
Sh. Chander Mehta, complainant has filed this complaint u/s 17 of the Consumer Protection Act, 1986 (hereinafter called as "the Act").
2. As per the averments in the complaint, the complainant is an Advocate and is standing counsel for all the banks, having offices at Yamuna Nagar. He is also standing counsel for many commercial establishments and is owner of landed properties. The complainant is a regular visitor of Lord Shiva's Temple 'Katasraj' in Pakistan every year. In the month of February, 2007, a Jatha (group) of Yatris (pilgrims) for "Shree Katasraj" under the Consumer Complaint No.44 of 2008 2 leadership of Sh. Partap Bajaj was proceeding to the said pilgrimage and the complainant joined the said group.
3. The complainant and other members of the group of the pilgrimages had to avail the services offered by the respondent Northern Railway, from Ex-Railway Station Atari to Atari Border against consideration in the form of railway journey fare charged through railway journey tickets and the complainant purchased a railway journey ticket bearing no.43544 dated 15.02.2007 from Railway Booking Office, Atari for journey Ex-Atari Railway Station to Atari Border. The complainant was also accompanied by his brother Sh. Subhash Chander Mehta. The passengers bound for Pakistan/Atari Boarder were checked by the custom authorities and gathered at the Railway Platform No.2 which was earmarked for Pakistan bound custom cleared passengers.
4. The opposite parties knew it well that a large number of tickets were issued because of the road route permission having been cancelled by the Immigration Department and also because of large number of pilgrims going to "Katasraj" on the occasion of "Shivratri", but there was no arrangement for seating of the aged, infirm, handicapped passengers on the railway platform, nor there was any arrangement for organizing the passengers for boarding train, even for old age persons, children and handicapped passengers.
5. The train was late and as soon as the train entered the platform, there was a mad rush for securing entry in the train, as a result of which the complainant was pushed down upon wheel barrow meant for parcels and luggage to be loaded in the train, which twisted the limbs of the complainant and caused him grave injuries in the presence of the brother of the complainant as well as other passengers. The complainant was lying helpless in critical and painful condition and the demand of his brother for first aid and stretcher to be provided for carrying the complainant to some hospital, was Consumer Complaint No.44 of 2008 3 also turned down by the railway authorities, expressing their helplessness in providing such amenities.
6. The complainant was thereafter carried to Amandeep Hospital at Amritsar with the assistance of custom authorities which provided wheel chair after cancellation of visa and other formalities and the brother of the complainant, who also cancelled his own pilgrimage, got him admitted in the said Amandeep Hospital, where he was thoroughly examined and stayed in Amritsar as per advice of doctors of Amandeep Hospital, as the injuries in the backbone as well as in the area of the neck were quite serious and the lower limbs of the complainant were kept under observation for three days at Amritsar on account of serious injuries which affected the body extensively. The complainant was advised to go for MRI in Nijjar Scan & Diagnostic Centre, Amritsar, for ascertaining the damage caused and thereafter only he was permitted by the doctors on 17.02.2007 to undertake journey to his home down at Yamuna Nagar which is situated at 300 kmts. from Amritsar, in the car at the speed of 10 to 15 kmts. per hour in order to avoid jerks. The complainant remained under treatment of Dr. Kohli of Yamuna Nagar and was also hospitalized for two days and is taking regular treatment from a physiotherapist and has become permanently disabled from performing his profession as legal practitioner. The said injuries were suffered by the complainant on account of the failure on the part of the opposite parties, for not providing the necessary infrastructure such as wheel chair, stretcher, first aid, emergency medical assistance, particularly to the injured persons and old and aged persons.
7. The opposite parties have published through their own timetable, a charter for passengers services of Indian Railways which bind them to the commitment to provide complete safe journey to the passengers. The complainant approached the opposite parties a number of times for compensation for the sufferings, arising out of deficiency of service, but there Consumer Complaint No.44 of 2008 4 was no response. A notice dated 06.06.2008 was also served, claiming compensation, but of no avail.
8. The complainant suffered physical injuries, grievious hurt resulting into permanent disablement from carrying on his profession, medical expenses, keeping an attendant, social degradation, has to avail services of a domestic servant and failed to attend to the duties towards his clients and has become incapacitated to discharge his responsibilities towards the educational institutions, banks etc., and prayed that Rs.85.00 lacs be awarded as compensation along with costs and interest.
9. In the reply filed on behalf of the opposite parties, preliminary objections were taken that the complaint is not maintainable, as there was no deficiency in service or negligence on the part of the opposite parties and the averments are false. The complaint is not maintainable against the Secretary, Ministry of Railways, New Delhi and as per Seciton-79 of CPC, only General Manager of the Northern Railways can be sued in the name of Union of India and other names are required to be deleted. The supporting affidavit filed by the complainant is no affidavit in the eyes of law as per the law laid down by the Hon'ble Supreme Court, Hon'ble High Court and Hon'ble National Commission. The complaint seems to be false and baseless and the complainant being an advocate has made all efforts to earn undue benefits from the railway administration on account of his own negligent acts and conducts. There was no deficiency in service or negligence on the part of the railways and the complaint is liable to be dismissed with exemplary costs.
10. On merits, it was pleaded that the ticket Annexure-C-1 is a normal ticket issued by the railway to the passengers, whosoever comes to the ticket window and it does not connect the name of the complainant with the said ticket, as the same was never booked by filling any requisite form by the complainant. The passengers going to Pakistan through Atari Border are boarding the train from Platform No.3 and it a matter of routine work for the passengers. As a matter of fact, at Atari Railway Station, there are 438 chairs Consumer Complaint No.44 of 2008 5 for the sitting of aged, infirm, handicapped and other general public, made available by the railway administration. As per the instructions of the Govt. of India and security department, no railway official is allowed to enter the Platform No.3, except the staff of Immigration Department and the Custom Department. GRP and RPF are providing all assistance at the Railway Station, Atari throughout the day and night to guide all the passengers, including old aged persons, children and handicapped passengers. Wheel Barrows in which parcel and luggages to be loaded in the train, are stabled properly to avoid any inconvenience to the passengers and the complainant has made all false averments.
11. The train no.4608 in question arrived at 15.40 hours and departed from Atari Railway Station at 17.00 hours, which clearly indicates that the train remained at the Railway Station, Atari for almost 1 hour and 20 minutes and there was no question of mad rush, as only 413 tickets were sold Ex-Atari to Atari Boarder Railway Station on 15.02.2007, including 483 Pakistanis, 527 Indians and 6 Foreigners. The certificate to that effect was given by Station Superintendent. Passengers were well aware about the fact that the train will remain stationed for about 1 hour and 20 minutes and there was sufficient time available with every passenger to take their seats in the said compartments, holding valid tickets and valid visa, because only those passengers were given entry to Platform No.3 after clearance of the process laid down by the Immigration Department. No such incident took place. The complainant has made all false averments, as there was sufficient number of bogies attached with the said train as per Annexure-OP-3.
12. Wheel chairs, first aid, stretchers are available at the station and the same are provided to the needy passengers at the railway station, rather there are special arrangements made as the station is dealing with the passengers coming from international community. For emergency, a first aid box is always available with all the station masters and also with the guard of the train. The names of the private practitioners, nursing homes and Consumer Complaint No.44 of 2008 6 Government hospitals with their telephone numbers, addresses and distances from the station are displayed at all the railway stations. The complainant or anyone else had not recorded any complaint in the complaint book of the Railway Station, Atari which was very much available with the office of station superintendent, nor anyone approached the station superintendent or subordinate staff of the Railway Station, Atari to seek any such help. The complainant got cancelled his visit to Pakistan on account of illness, as per request made to the Immigration Authorities. In the application given to the Immigration Authorities, no mention of such incident was made. The complainant was supposed to get immediate treatment from Mini Primary Health Centre, Atari, where Dr. Rakesh, Medical Officer was very much available on 15.02.2007 at the relevant time and he has given a certificate that Sh. Chander Mehta did not come to the hospital on 15.02.2007 for any treatment, which prima facie prove that no injuries were ever suffered by the complainant at Atari Railway Station. The complainant or his said companions did not bother to go to Railway Hospital, Amritsar, where every type of treatment is available and well qualified doctors are available for 24 hours in the hospital. The getting of treatment at Amandeep Hospital at Amritsar was a well planned programme of the complainant if, at all, he has taken the treatment from that hospital and the private hospital and their doctors are manufacturing the documents to the requirement of such complainant, who are having in their mind, to get undue benefits and to extract money from the Govt.
13. The complainant has not suffered any injuries at Atari Railway Station and it seems that the complainant was already carrying such diseases in his body due to old age and he manipulated the medical treatment prescriptions at the private hospital. The treatment slip Annexure-C-2 does not speak of making any diagnosis by the said hospital, nor any investigations or any x-ray reports find any mention in the said annexure. As per prescription slip Annexure-C-2/1, only one medicine in the shape of 'Tablet Flexi' and one Consumer Complaint No.44 of 2008 7 injection was given and the prescription slip is without date which indicates that the same has been got prepared from the said hospital after entering into conspiracy. Likewise, slip Annexure-C2/2 seems to have been managed and in the history of injury, the Nijjar Scan & Diagnostic Centre has specifically stated as follows:-
"Known case of ankylosing spondylitis (History of injury)".
It was further confirmed by the said diagnostic centre that the disease of Ankyhlosing Spondylitis was already there. Amandeep Hospital has only given the treatment in the OPD and has only charged Rs.200/- for OPD treatment and the other bills have been got prepared and manufactured by the complainant, in connivance with the medical stores. Other allegations were denied and similar pleas were repeated and it was prayed that the complaint may be dismissed.
14. Rejoinder was filed in which averments of the complaint were reiterated and that of the written reply were controverted.
15. The complainant produced in his evidence his own affidavit, affidavits of Sh. Subhash Mehta and Sh. Shiv Partap Bajaj along with documents Ex.C-1 to Ex.C-16.
16. The opposite parties in their evidence produced affidavit of Sh. R.K. Mehta, Station Superintendent, Northern Railway, Atari Railway Station, Atari along with documents Ex.OP-1 to Ex.OP-9.
17. We have heard the complainant in person orally as well as perused the written arguments filed by him, heard the arguments advanced by the learned counsel for the opposite parties and have perused the entire record.
18. In the written arguments submitted by the complainant, the pleas taken in the complaint were reiterated. It was further submitted that the lower portion has become painful and he cannot walk upto 500 meters without the assistance of someone and he is unable to look after the agriculture land and the other property. The complainant cannot stand upon Consumer Complaint No.44 of 2008 8 his legs for more than 4-5 minutes, as he has become handicapped. He cannot cross road or climb staircases and the posture of the complainant has become unwarranted and he feels humiliation in the society and cannot attend social gatherings of his own and stopped attending the social functions. The complainant cannot sleep on the bed from the day of the accident, as his entire backbone is not functioning and is sleeping on sofa and his income has decreased. His mouth is not opening properly and the entire neck is stiffed and cannot take bath of his own without the assistance of the servant. The medicines are taken regularly. There is longevity of life, as his father died at the age of 90 years and mother at the age of 88 years and loss of income is proved from documents Ex.C-7 to Ex.C-10. Civil Surgeon, Yamuna Nagar issued two medical certificates dated 26.01.2008 Ex.C-10 and another certificate issued by Dr. Vikas Mehra is dated 14.11.2008 which also depicts the deteriorated state of health of the complainant, and prayed that the compensation to the tune of Rs.90.00 lacs may be awarded.
19. On behalf of the opposite parties, it was contended that the affidavits filed by the complainant are defective, as the verification is not proper and in accordance with law and the same cannot be read into evidence and there is no evidence led by the complainant, to prove the allegations and it is a case of no evidence. The opposite parties have placed on file the photographs as per which the wheel chair is available. Dr. Rakesh has given the certificate Ex.OP-6 as per which the complainant never approached the Mini P.H.C., Atari on 15.02.2007. As per certificate Ex.OP-1, only 413 tickets were issued on 15.02.2007 Ex-Atari Railway Station to Atari Border, bearing no.43353 to 43766. As per certificate Ex.OP-2, the train in question arrived at 15.40 hours and left at 17.00 hours. Ex.OP-4 photograph shows the wheel chair was available with the station master and Ex.OP-5 is the photograph of Govt. Railway Police Check Post, Atari. As per Ex.OP-10, Sh. Gulshan Sharma, ASM/ATT was on duty on 15.02.2007 at Atari from 4.0- 21.0 hours and no injured person reported to his office, nor he got any Consumer Complaint No.44 of 2008 9 information about the same from anyone. Ex.OP-8 is the certificate from Railway Hospital, Amritsar as per which Sh. Chander Mehta never reported to the Health Unit in the said hospital and as per Ex.OP-9, no complaint was lodged with the station master.
20. It has been further contended that there was no rush at the platform and the train remained at platform for about 1 hour 20 minutes and there was sufficient time for the passengers to board the train. The complainant is a known case of Ankyhlosing Spondylitis and he was already suffering from this disease and no such injury was caused at the railway station. Nijjar Scan & Diagnostic Centre's report proves the same. The complainant is mentioning his age differently at different places. No affidavit of the person, who boarded the train or witnessed any such incident, is on record. GRP and RPF are deployed at the platform and they could provide the necessary help immediately. No reasons have been given by the complainant as to why the journey was cancelled. Dr. Vikas Mehra has given the certificate, stating that the complainant met with an accident on 15.02.2007, but he has not mentioned as to which record was produced before him and the certificate is procured one. The complainant was not admitted in any hospital and if he had suffered serious injuries, then he should have been admitted in Amandeep Hospital, who must have referred the same to some super-specialty hospital, but he was only OPD patient and no investigations were conducted, which further proves that the complaint is false and is liable to be dismissed.
21. We have considered the oral submissions as well as written submissions filed by the complainant and the submissions advanced by the learned counsel for the opposite parties and have carefully scrutinized the entire documents and other material placed on the file.
22. The version of the complainant is that there were large number of passengers to board the train from Atari Railway Station and as soon as the train arrived, the passengers rushed to occupy their seats and he was Consumer Complaint No.44 of 2008 10 pushed down upon a wheel barrow meant for parcels and luggage to be loaded in the train and that resulted in twisting of his limbs and caused him grave injuries, in the presence of his brother and other passengers and he kept on lying helpless in critical and painful condition and demand of his brother to provide aid and stretcher for taking him to some hospital, was also turned down by railway authorities.
23. The opposite parties have placed on file the official record as per which, on the fateful day i.e. on 15.02.2007, 413 tickets bearing no.43353 to 43766 were sold. The station superintendent has given the certificate Annexure-OP-1 to that effect. Annexure-OP-2 is the timetable about the arrival and departure of the train on 15.02.2007 and as per this timetable, the train arrived at 15.40 p.m. (3.40 p.m.) and departed at 17.00 p.m. (5.00 p.m.). Thus, the train remained stationary at platform for about 1 hour 20 minutes and there were only 413 passengers at the most if every person, who has purchased the ticket, came present to the station and as per Annexure-OP-3, there were 20 bogies in the train.
24. Thus, the version of the complainant that there was mad rush and he fell down and suffered grave injuries and was lying helpless in critical and painful condition, is not tenable. These many passengers, in so many bogies, could easily board the train.
25. Even if the plea of the complainant is presumed to be correct that he suffered grave injuries and was lying in helpless condition and he was taken to Amandeep Hospital for treatment, then also the perusal of the prescription slip of Amandeep Hospital Annexure-C-2/1 filed by the complainant shows that there was no mention of any grave injury or of suffering any such injury which could make him to lie down on the ground in helplessness condition. The doctors of Amandeep Hospital have not even advised any X-ray about the said injuries, nor the complainant was admitted in the hospital, because this prescription slip Annexure-C-2/1 which is undated is just an OPD slip which further belies the version of the Consumer Complaint No.44 of 2008 11 complainant that he suffered grave injuries and was in helpless condition. Only two medicines i.e. Tablet Flexi-D and Tablet Ocid were prescribed and nothing else is mentioned about any disease/any injury suffered by the complainant.
26. The opposite parties have placed on file the photograph Annexure-OP-4 as per which the wheel chair was available with the station master. Annexure-OP-5 is the photograph of Govt. Railway Police Check Post, Atari. On the station, there is Mini Primary Health Centre, whose incharge at that time was Dr. Rakesh and there is Railway Hospital, Amritsar and the station superintendent Sh. Gulshan Sharma was present on duty, but the complainant neither made any complaint to station superintendent, nor went to the nearby Mini Primary Health Centre, Atari, or to the Railway Hospital, Amritsar and chose to go to a private hospital, which did not admit the complainant. Dr. Rakesh of Mini P.H.C. Atari has given certificate Annexure-OP-6, certifying that Sh. Chander Mehta did not come for treatment at Mini P.H.C., Atari on 15.02.2007. Annexure-OP-7 is the certificate given by station superintendent, Atari, certifying that he remained on duty on 15.02.2007 at Atari from 4.0-21.0 Hrs. and no such type of injured person reported to his office, nor he got any information about the same from anyone. Annexure-OP-8 is the certificate of the DMO, Railway Hospital, Amritsar, certifying that no person named Sh. Chander Mehta reported to Health Unit/Main/Amritsar as per record of 15.02.2007. Annexure-OP-9 is the copy of the complaint register and as per this, there was no complaint on 15.02.2007 lodged by the complainant.
27. The complainant has relied upon Annexure-C-2/2 which is copy of report of Nijjar Scan & Diagnostic Centre and the report is dated 15.02.2007 and Dr. Vijinder Arora, M.D. of Nijjar Scan & Diagnostic Centre under the name of the complainant mentioned as follows:-
"known case of Ankylosing spondylitis (History of injury)".
And again in the conclusion, it was observed as follows:- Consumer Complaint No.44 of 2008 12
"MR findings reveal:
Posterior epidural haematoma from C3 to C7, mainly on right side, in known case of ankylosing spondylitis".
28. Thus, from the report of Nijjar Scan & Diagnostic Centre, it is clear that the complainant was already suffering from Ankylosing Spondylitis even before the said fall on the railway platform. The complainant also took treatment from Kohli Hospital, whose prescription slip is Annexure-C-2/3 and some treatment was provided. On this prescription slip, date of admission/date of discharge are mentioned, but no document or the copy of the admission register or any other record maintained by Kohli Hospital of indoor patients have been placed on record to prove that the complainant remained admitted. Again in Kohli Hospital also, no X-ray or any scan was done to find out about the injuries, if any, the complainant suffered. The complainant has attached the Annexure-C-2/4 as per which he took treatment from Institute of physiotherapy for a number of days, but nothing is mentioned as to what for the physiotherapy treatment was taken, nor the document is supported by the affidavit of concerned physiotherapist, who gave the treatment and for what purpose. Annexure-C-3 is the receipt of Rs.200/- paid to the Amandeep Hospital by the complainant. Annexure-C-3/1 is the receipt for purchasing cervical collar. Annexure-C-3/2, Annexure C-3/3, Annexure-C- 3/4 and Annexure-C-3/6 are the sale memos of medicines. Annexure-C-3/7 is again the receipt of Kohli Hospital. Annexure-C-4 is the "Citizens' Charter on Passenger Services of Indian Railways" as per which, passengers amenities, public grievances and other conditions are mentioned. Annexure-C-5 is the copy of the notice which the complainant sent to the Secretary, Ministry of Railway, New Delhi. The complainant also relied upon the certificate given by Dr. Vikas Mehra and he has given the certificate by seeing some record, but no detail of the record is mentioned and has mentioned that MRI of Cervical Spine revealed Epidural Haematoma on cervical region and that could have resulted into Quadriplegia and even could prove to be fatal. No affidavit of this Consumer Complaint No.44 of 2008 13 doctor has been placed on record, nor he was produced as a witness to prove that on the basis of which record, he is giving this certificate, although in the MRI conducted by Nijjar Scan & Diagnostic Centre, it was clearly mentioned that it is a known case of Ankylosing Spondylitis. As such, this certificate is also of no help to the complainant.
29. The complainant has filed his own affidavit after objection raised by the counsel for the opposite parties and that affidavit is verified in accordance with law, as such, it can be read into evidence. The complainant has also placed on file the income and expenditure account submitted by the chartered accountant, Annexure-C-7 to Annexure-C-10 and in these documents, no expenses incurred on the medicine/treatment has been mentioned. As per the income and expenditure account for the year ending 31.03.2007, the income of the complainant was Rs.4,43,300/- and in the year ending 31.03.2008, it increased to Rs.4,60,370/- and in the year ending 31.03.2009, it was Rs.3,80,400/-. The complainant has also not paid any income tax in the year ending 31.03.2008. For the subsequent year 2008-09, his income seems to have been reduced and in the Return of Income for the assessment year 2007-08 Annexure-C-7, he has paid the tax to the tune of Rs.2856/-.
30. All these documents placed on record filed by the complainant cannot, in any manner, connect it with the deficiency in service on the part of the respondent railways. As discussed above, the complainant took treatment from Amandeep Hospital vide Ex.C-2/1 and it is clear that he might have fallen on the railway platform and Amandeep Hospital also prescribed some pain killer spray, but no part of the body is mentioned. This cannot be any way attributed to the respondent railways, because there was no negligence on the part of the respondents or any deficiency in service attributed to the respondents and for which the complainant could not undertake his journey from Atari Border to Pakistan for the pilgrimage of 'Shree Katasraj'. There is no medical evidence on record, as discussed above in detail, nor any doctor Consumer Complaint No.44 of 2008 14 has been examined and even affidavit of any doctor is not on record to prove that due to fall on the railway platform, the complainant suffered such injuries which prevented him from doing his professional work or social work. As discussed above, he was a known case of Ankylosing Spondylitis and again, there is no evidence that even this chronic disease was further aggravated by a fall of the complainant on the railway platform.
31. The complainant has placed reliance on the following authorities:-
(i) "Nagappa Vs Gurudayal Singh & Ors.", AIR (2003) SC-674.
(ii) "S.P. Aggarwal Vs Sanjay Gandhi Post Graduate Institute of Medical Sciences", 2010(3)CLT-298(SC)
(iii) "Union of India Vs Smt. Kamla Verma", III(2003)CPJ-177(NC)
(iv) "Union of India Vs Hemlata Mudoi", 2003(4) Accidental Compensation Judicial Reports-39(Gauhati High Court)
(v) "Smt. Akhtari Vs Union of India through GM, NER, Gorakhpur"
2009(1)T.A.C.-644(Allahabad High Court)
(vi) "Nizam's Institute of Medical Sciences Vs Prasanth S. Dhananka & Ors.", 2009(3)CLT-430(SC)
(vii) "Patricia Jean Mahajan & Ors. Vs Balkishan & Ors.", 2001 ACJ-1058 Delhi High Court)
(viii) "Union of India & Anr. Vs Dr. Mohan Lal Gupta", (2011) CPJ-257(NC).
(ix) "Ragappa Vs Sri Mohan", 2010(3) Civil Court Cases-115(SC).
(x) "Sushil Kumar Vs Oriental Insurance Co. Ltd.", (2011) Acci. C.R. 281(Delhi High Court).
(xi) "Smt. Jaymala Das Vs Union of India", (2011) Acci. C.R. 285(Calcutta High Court.
(xii) "The General Manager, South Central Railway Vs K. Narayana Rao", 2001 Accidents Compensation Judicial Reports-231(Andhra Pradesh High Court).
(xiii) "Malay Kumar Ganguly Vs Sukumar Mukherjee(Dr.) & Ors.", 2009(4)CLT-342(SC).
However, the above authorities relied upon by the complainant are of no help to him, as he has failed to prove any negligence or deficiency in service on the part of the respondents.
Consumer Complaint No.44 of 2008 15
32. As stated above, on raising objection, the complainant rectified the mistake in his affidavit and, as such, the authorities relied upon by the counsel for the opposite parties i.e. "A.K.K. Nambiar Vs Union of India & Anr." AIR-1970 Supreme Court cases-652; "Om Parkash Vs The State of Haryana & Anr.", IR-1970 Supreme Court Cases-654; "Tek Chand Vs Balbir Singh", 1996(1)Recent Revenue Reports-621(Punjab & Haryana High Court); "Karam Singh Vs The District Development & Panchayat Officer, Ropar", 1996(1) Recent Revenue Reports; " Rai Prem Chandra & Ors. Vs OBEETEE Pvt. Ltd.", 1991 Civil Court Cases-570(Allahabad High Court); "Baldev Singh Vs Kulwant Kaur & Anr.", 1991 Civil Court Cases-577(Punjab & Haryana High Court); Wilbur Frederick Souza Ticlo Vs Mrs. Dorothy Pearson", I(2000) CPJ- 451(Goa State Consumer Commission); "Roshan Lal Vs Ganpat & Ors.", 2000(3) Civil Court Cases-0244(Punjab & Haryana High Court,) are also not applicable, as the provisions of CPC are not applicable, because it is a summary procedure.
33. In view of above discussion, there is no merit in the complaint filed by the complainant and the same is dismissed. No order as to costs.
34. The arguments in this complaint were heard on 24.01.2012 and the order was reserved. Now the order be communicated to the parties.
35. The complaint could not be decided within the stipulated timeframe due to heavy pendency of court cases.
(Inderjit Kaushik) Presiding Member (Piare Lal Garg) Member February 03, 2012.
(Gurmeet S)