PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                                      CONSUMER COMPLAINT NO.231 /2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Ranjan Kumar Dang, S/O-Rama Dang,

R/O- Chaitanya Nagar,Sakhipada, Ps-Town,

Dist-Sambalpur-768001, Odisha.                               …………………..Complainant

                                    Vrs

1. The Genetal Manager, South Eastern Central Railway Zone,

Bilaspur, Chattisgarh, Office at-1^st Floor, New GM Building,

South-Eastern-Central Railway, Bilaspur, Chattisgarh-495001.

2. The Additional General Manager, South Eastern Central Railway Zone Bilaspur, Chattishgarh Office at-1^st Floor, New GM Building,

South-Eastern-Central Railway, Bilaspur, Chattisgarh-495001.

3. The General Manager, South Eastern Zone Indian Railway

Office At- G.M. South Eastern Railway, 11, Garden Reach Road,

Kolkata, West Bengal-700043.

4. The Additional General Manager, South Eastern Zone Indian Railway

Office At- G.M. South Eastern Railway, 11, Garden Reach Road,

Kolkata, West Bengal-700043.

5. The General Manager, East Coast Railway Head Quarter

Office At- Chandrasekharpur, PO/Ps-Chandrasekharpur,

Bhubaneswar, Odisha.

6. The Divisional Railway Manager, East Coast Railway, Sambalpur Zone

Office At- Khetrajpur, PO-Khetrajpur, Dist-Sambalpur-768004,Odisha.

7. Regional Office IRCTC, Bhubaneswar

At-House No. 8, GangadharMeher Nagar,

Jayadev Vihar, Bhubaneswar-751013.                       …………………..Opp.Parties

Counsels:-

1. For the Complainant         :- Sri. P. Mahapatra & Associates
2. For the O.P.No.1 to 6         :- Sri. P.K.Pradhan
3. For the O.P.No.7                :- Sri. A.Dash & others

Date of Filing:12.12.2023,  Date of Hearing :01.07.2024,  Date of Judgement :13.08.2024

Presented byDr. Ramakanta Satapathy, PRESIDENT

1. The Case of the Complainant is that the Complainant booked a ticket from Jharsuguda to Bilaspur Junction for 18.11.2023 in train No. 12834/HWH-ADI SUF express bearing PNR No. 6428080638 and then Bilaspur to Kota Jn. for date 18.11.2023 in Train No. 20845/SBP-BKN-SUF, Express bearing PNR No. 6522843990 Complainant planned to make return journey from Kota Jn. To SBP Jn. On 21.11.2023 in Tr. No. 20846/BKN-BSP SUF Express vide PNR No. 2465100622 and then from Bilaspur Jn. to Jharsuguda in other train on availabilities Complainant with hired vehicle to went Jharsuguda to catch the train at about 7.37 A.M. Complainant reached Bilaspur at about 2 P.M. The other train Bilaspur to Kota was at about 6.25 P.M. Complainant booked a retiring room for refreshment.

On 18.11.2023 at about 2.21 P.M. the Complainant got a message that Train No. 20845 dated 18.11.2023 has been cancelled due to unavoidable circumstances. The Complainant returned to Jharsuguda. At about 5.54 P.M. another message case “Please note: Train No. 20845 SBSP-BKnj Jco 18.11.2023 earlier cancelled will run now.” It was difficult for Complainant to back to Bilaspur J. to catch the train. The O.Ps are deficient in service and for unfair trade practice complainant suffered financially and physically.

2. The O.P.No.1 & 2 submitted that the booking of train tickets are admitted. Due to non working of electronics interlocking with MACLS of Kanhan (KNHN) Station in connection with Rajnandgaon-KAV  third line work of NGP Division/SECR was permitted vide HQ letter No. OPTG/SECR/CHG/NI & Block/107/23 dated 20.11.2023. Pre-NI was supposed to be started from 20.11.2023 to 24.11.2023 and in this connection a list of Trains were cancelled and Train No. 20845 (BSP-BKN) express JCO Ex BSP on 18.11.2023 and 25.11.2023. The message of cancellation received by the answering O.Ps at 12:02 hrs on 18.11.2023. Thereafter bulk message through NTES were sent to all passengers who were making their journey by train No. 20845 (BSP-BKN) on valid ticket.

At 4.38 hours on 18.11.2023 the answering O.Ps received HQ message through COIS mail cancellation Non-interlocking working for provision of Electronics-interlocking. Accordingly, all cancelled trains for pre-NI/NI were resumed and bulk message for resumption of cancelled trains were sent through NTES to Bona-fide passengers. On the same day 48 trains were cancelled due to non-inter locking programme along with four trains were short terminated and two trains were rescheduled. Taking the facilities is the personal decision of the Complainant but it is not justified to blame the Railways. The trains were cancelled only to improve passenger convenience and to strengthen the infrastructure of the Railways.

The O.Ps have not violated the legal rights of the Complaint. There is no deficiency in service of the O.Ps.

3. The O.P. No.3 & 4 in reply submitted that the Complainant booked E-tickets through IRCTC platform is admitted. The departure time of Train No. 20845 was 6.25PM. The cause of action arose within south East central jurisdiction on 18.11.2023. The train is under control of O.P.No.1 & 2 and accordingly O.P.No.3 & 4 are not necessary parties.
4. The O.P. No.5 to 6 in reply submitted that the Complainant booked e-tickets from O.P. No.7 for the journey dated 18.11.2023 and 21.11.2023. The O.P.No.5 to 6 are not necessary parties.
5. The O.P.No.7 submitted that the booking of e-tickets are admitted. There is no any single allegation against O.P.No.7. The schedule departure of train No. 20845 from Bilaspur was at 6.25 P.M. When the Complainant felt it is not possible to travel back to Bilaspur, he preferred not to undertake any further journey and so he cancelled all his journey tickets. Train operation is by Indian Railways and not by IRCTC. Regarding the refund of cancelled tickets as the Complainant has completed the journey from Jharsuguda to Sambalpur vide PNR 6428080638 on 18.11.2023 and initiated cancellation for his PNR on 20.11.2023 at 11.25 PM, the system did not process refund as he is not eligible for the same.

With regard to PNR 6522843990 the ticket was for the journey from Sambalpur to Kota vide Train No. 20845 on 18.11.2023 at 6.25 PM and the Complainant cancelled the same on same day at 5.55PM which is just 30 minutes before the schedule departure as per Indian Railways Refund Rules no refund was processed with regard to PNR 2465100622 for the journey from Kota to Sambalpur on 21.11.2023 was cancelled on 18.11.2023, the minimum cancellation charges of Rs. 200/- plus GST for 2 passengers totalling Rs. 420/- was deducted from the ticket fare Rs. 4400/- and the balance amount of Rs. 3980/- was refunded to the Complainant on 20.11.2023. As soon as the ticket is booked from IRCTC, ticket fare is transferred to Railways. The O.P. No.7 is not a necessary party and accordingly complaint is liable to be dismissed.

6. Perused the documents filed by the parties, It is the admitted case of the parties that the Complainant booked e-tickets for journey from Jharsuguda Junction to Bilaspur on 18.11.2023 train No. 12834/HWH-ADI SUF Express bearing PNR No. 6428080638 and Bilaspur to Kota Jn. On 18.11.2023 in Train No. 20845/BSP-BKN-SUF Express bearing PNR No. 6522843990. The Complainant booked e-return ticket from Kota Jn. To BSP Jn. on 21.11.2023 in train No. 20846/BKN-BSP-SUF Express vide PNR No. 2465100522.

The Complainant not submitted any documents to substantiate his journey from Sambalpur to Jharsuguda.

It is also admitted by the parties that on 18.11.2023 at about 2.21 PM message was sent to bonafide passengers about cancellation of Train No. 20845 dated 18.11.2023. The 2^nd message sent by Indian Railways about resume of train No. 20845 CBSP-BKnj JCO on 18.11.2023 is also admitted.

The Complainant has paid the following amount towards booking of e-tickets and other expenses through tickets.

1. Jharsuguda to Bilaspur   Rs. 1293.75P.
2. Bilaspur to Kota             Rs. 6635.40P
3. Retiring room Charges    Rs. 696.00P
4. Bilaspur to Jharsuguda   Rs. 285.00P.
5. Kota to Bilaspur             Rs. 4436.00

Total Rs. 13,346.45P

The O.P. No.7 submitted that due to cancellation of ticket on 20.11.2023 Rs, 3980/- was refunded to the Complainant as per the Indian Railways refund rules.

7. The O.P.No.1 & 2 contended that due to non-interlocking working in connection with Raj Nandgaon-KAV third line work of NGP division/SECR was permitted vide HQ. letter No. OPTG/SECR/CHG/NI & Block/107/23 dated 20.11.2023. The list of trains have been cited includes Train No. 20845(BSP-BKN) express JCO Ex. BSP on 18.11.2023, 23.11.2023 and 25.11.2023 which were cancelled.

When the O.P.No.1 & 2 received HQ. message through W/S mail all cancelled trains for pre-NI/NI were resumed and block message sent for resumption through NTES to bonafide passengers. From the contention of the O.P. No.1 & 2 it is clear that Indian Railways takes prompt action t-wards safety and security of the passengers and immediately inform the passengers to make alternative arrangement. In the instant Complainant the O.P.No.1 & 2 have taken all reasonable care, safety and security of the passengers. The O.P. No.1 & 2 have informed the passengers about the unavoidable circumstances. Accordingly, there is no any deficiency in service established against the O.P.No.1 & 2 who are necessary parties.

The O.P.No.3 to 6 have categorically pleaded that they are not necessary parties. The O.P.No.7 has refunded Rs. 3980/- as per refund policy to the Complainant. Accordingly, O.P.No.3 to 7 are exonerated from the allegations.

8. The O.P.No.1 & 2 have taken all reasonable care and caution for the convenience of the passengers on 18.11.2023. The Circumstances in the present complaint is different. Due to cancellation of train the Complainant sustained loss of Rs. 13,346.15P- Rs. 3980/-= Rs. 9366.15P. Say Rs. 9366/- due to the unavoidable circumstances and without any fault. In addition the Complainant his two sons were harassed, failed to reach their destination and the situation compelled them to make return journey due to inconveniences under the O.P.No.1 &2 on the schedule date 18.11.2023.

Taking into consideration the circumstances of the complaint following order is passed.

ORDER

The complaint is partly allowed against O.P. No.1 & 2 and dismissed against O.P.No.3 to 7. The O.P.No.1 & 2 are directed to refund Rs. 9366/- to the Complainant along with litigation expenses of Rs. 5000/- within one month of this order. In case of non-payment the amount will carry 7% interest P.A. w.e.f. 18.11.2023 till realisation.

Order pronounced in the open court on 13^th day of August, 2024.

Supply free copies to the parties.