DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SUBARNAPUR
C.C. No.03 of 2019
1. Research Academy for Rural Enrichment (RARE) represented by its representative, At/P.O./P.S. Sonepur, District – Subarnapur.
2. Gourishyam Panda, S/o. Late Dasarath Panda, aged about 66 years, Occupation – Advocate,
3. Smt. Kalyani Panda, W/o. Gourishyam Panda, aged about 59 years, Occupation – House wife,
4. Amritesh Panda, S/o. Gourishyam Panda, aged about 26 years, Occupation – Dependant.
………….. Complainants
Vrs.
1. PRS Incharge, East Cost Railways, Subarnapur, At/P.O./P.S. Sonepur, District – Subarnapur
2. The Chief Commercial Manager (Refunds), East Cost Railways, 1st Floor, North Black, Rail Sadan, Bhubaneswar
3. The General Manager, East Cost Railways, Chandrasekharpur, Bhubaneswar
………….. Opp. Parties
Advocate for the Complainant …………. Sri G.S. Panda
Advocate for the O.P. …………. Sri B. Bedbak
Present
1. Sri U.N.Purohit, President
2. Sri H.Padhan Member
Date of Filing Dt.06.03.2019
Date of Hearing Dt.16.01.2023
Date of Order Dt.31.01.2023
J U D G E M E N T
By Sri U.N.Purohit, P.
The complainant files complaint petition U/s.12 of the Consumer Protection Act 1986 against the O.Ps. claiming refund of Rs.3785/- with 18% interest as compensation towards deficiency in providing service and a sum of Rs.10,000/- towards mental agony and cost of litigation.
The brief fact of the complaint is that the complainant No.1 is a Consumer protection Voluntary Organization working for welfare and protection of Consumers. Complainant No.2 is a senior citizen, complainant No.3 one cancer and
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heart patient, complainant No.4 is son of complainant No.2 and 3 person with disability they had been to Pune via Mumbai for medical check up and the return ticket was booked from Mumbai to Bolangir by train No.12145 LTT-Puri on 21.10.2018 having PNR No.860-7104203. The ticket was wait listed No.1, 2 & 3. On the way back from Pune the complainant No.2, 3 and 4 were had a stop at Mumbai, Airoli, Navi Mumbai. The ticket having PNR No.860-7104203 was not confirmed after the chat was prepared which was informed by the complainant after verifying from the Railway portal. The complainant No.2, 3 and 4 were staying at Airoli, Sector 6, Navi Mumbai which is about 40 Km from LTT Mumbai which is not possible on the part of the complainant to cancel the ticket at Railway booking Counter of LTT Mumbai Station. The complainant arranged and managed to come from Mumbai with another train by booking Tatkal ticket on 22.10.2018 and reached at Sonepur on 23.10.2018. On the next date i.e. on 24.10.2018 the complainant No.1 presented the not confirmed ticket in the PRS Centre, Sonepur for refund of the ticket amount and the ticket was not confirmed and the complainants did not travel using the ticket. The PRS Counter refund to pay back the amount with a note on the ticket “No refund on pen extent rule ”. No passenger can travel with waitlist ticket and if travelled it will be treated as travel without ticket. In case of e-ticket the money is refunded to the account of the passenger if the wait list ticket is not confirmed. But why the discrimination in case of counter ticket, in the above circumstances the Railway has deficient in providing service for which the railway is liable to refund Rs.3785/- with 18% interest. Further Rs.10,000/- be awarded to the complainant for mental agony and litigation cost with a direction that the awarded money be given to the complainant No.1 which will be utilized for consumer welfare.
The O.Ps. filed version denying any cause of action against the O.Ps. to filed this case and the averment made in para 1 to 4 matter of record be proved by the complainant. They admitted the status of ticket remain wait listed. They relied on one Railway Board Letter which shows amendment of provisions of refund rules
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“refund of fare as permissible can be collected on submission of original PRS counter ticket at any PRS counter of Indian Railway upto four hours before the Schedule departure time of the train in case of confirmed ticket and upto Thirty minutes before Schedule departure time of the train in case of RAC/wait listed ticket.” In this case the complainant had not submitted the PRS counter ticket at any of the PRS counter of the Indian Railway for cancellation and refund of ticket. As per Railway Board Letter No.TCII/2003/2015/Refund dt.05.11.2015, Rules 7 “Refund on cancellation of unused RAC/Wait listed tickets”.
Rule 7(1) where a RAC ticket or wait listed ticket is presented for cancellation, the refund of fare shall be made after deducting the clerkage if the ticket is presented for cancellation upto Thirty Minutes before the Schedule departure of the Train irrespective of the distance.
Rule 7(3) “No refund of fare shall be granted on RAC ticket or wait listed ticket after Thirty Minutes before the Schedule departure time of the train. ”
In this case the complainant not cancelled the ticket within the prescribed time limit accordingly refund of fare was not granted. It is admitted by the O.P. about wait listed PRS ticket as per extant rule of the Indian Railway Wait listed ticket means a ticket on which no berth or seat has been allotted. Further as per Railway Board Letter No.TCII/2003/2015/Refund Policy/1 dt.5.11.2015 it is the responsibility of the passenger to present the counter ticket remain wait listed, for cancellation before any passenger Reservation System counter or designated current counter. The complainant did not approach any PRS counter. From the complaint petition it is clear that the complainant well aware about the rules in case of e-ticket the money is refunded to the account of the passengers if the wait listed ticket is not confirmed. Since the PRS counter ticket is issued without involving any bank transaction it is not possible to returned fare of wait listed ticket for ticket purchase from the PRS counter and comparison of both e-ticket and PRS ticket is baseless and the complaint petition is liable to dismissed.
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On going through the complaint petition, documents i.e. Railway ticket relating to PNR No.860-71-04203 and amended refund rules dt.05.11.2015 Gazette Govt. of India relating to Railway passenger (cancellation of ticket and fund of fair ) Rules 2015 it came into force 12th November 2015. Commercial Circular No.36 of 2016 by the Govt. of India Ministry of Railway.
It is admitted case of the complainant is that they booked return ticket from Mumbai to Bolangir having PNR No.860-7104203 and the ticket was waitlisted and that was not confirmed, it is also admitted by the O.ps. regarding the status of ticket remain waitlisted. It is the case of the complainant he is unable to present the returned ticket which was not confirmed till 24.10.2018 in any PRS counter till they reached to Sonepur. From the endorsement of the ticket the PRS counter returned the ticket with endorsement on 24.10.2018 no refund as per extent rules.”
On going through the rules 7(1) to 7(3) - Refund on cancellation of unused RAC or waitlisted tickets : (1) Where a RAC ticket or waitlisted ticket is presented for cancellation, the refund of fare shall be made after deducting the clerkage if the ticket is presented for cancellation upto thirty minutes before the Scheduled departure of the train irrespective of the distance. (2) The passenger may get the RAC ticket or waitlisted ticket cancelled from any Passenger Reservation System counter or designated current counter. (3) No refund of fare shall be granted on RAC ticket or waitlisted ticket after Thirty Minutes before the Scheduled departure of the Train.
Commercial Circular No.36 relates to cancellation of PRS counter ticket for confirmed/RAC/Waitlisted ticket in para (d) for tickets cancelled (including return journey tickets) before 24 hours of the scheduled train departure time. Refund of fare as permissible can be collected on submission of original PRS counter ticket from any PRS counter of Indian Railways upto 4 hours before the Scheduled
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departure time of the train in case of confirmed tickets and upto thirty minutes before the Scheduled departure time of the train in case of RAC/waitlisted tickets.
In this case the complainant has not presented the waitlisted ticket in any PRS counter of Indian Railway before Thirty minutes of departure of the train and it made sufficient explanation that they prevented to present the waitlisted ticket at PRS counter in time during their journey and presented the same on 24.10.2018 at PRS counter for refund of ticket amount.
In view of the rules and refund policy of the Railway Deptt. and Government of India the plea taken by the complainant not helpful as they failed to take the benefit, exercise their right in time and there is no exemption in the rule to present ticket in PRS counter after due time in exceptional case. So the O.P. is rightly declined to refund the amount and they are not liable for deficiency of service and the case is liable for dismissed.
Applications pending, if any, stand disposed of in terms of the aforesaid judgment. A copy of this judgment be provided to all the parties free of cost as mandated by the Consumer Protection Act, 1986/2019. The judgment be uploaded forthwith on the website of the commission for perusal of the parties.
File be consigned to record room alongwith a copy of this judgment.
Dated the 31st day of January 2023
Typed to my dictation
I agree. and corrected by me.
Sri H.Padhan Sri U.N.Purohit
Member President
Dt.31.01.2023 Dt.31.01.2023
