Jharkhand

Bokaro

CC/17/100

Har Kishan Lal - Complainant(s)

Versus

Area Manager, S.E. Railway Bokaro Steel City - Opp.Party(s)

04 Sep 2018

ORDER

Complainant Harkishan Lal has filed this complaint for a claim of Rs. 45,640/- including compensation and litigation cost.

2          The case of the complainant in short is that on 01.09.2016 complainant along with his wife was to travel from Delhi to Mumbai Central and he took railway tickets from Sector-1, Bokaro Booking Counter, Bokaro and paid amount of Rs. 2,640/- vide PNR NO. 212-0794923 and ticket reservation in coach No. B-7 and birth No. 9 and 12. It is stated that he had given his Mobile number in reservation form but due to unavoidable circumstances, he cancelled his tour. From his mobile, he requested to Railway officer to cancel the railway tickets but the ticket was not cancelled and amount was not refunded only on the ground that he had not mentioned mobile number. He took a certified copy of the reservation form which shows the mobile number was duly entered by the complainant.  In this way, this is deficiency in service on the part of the Railway. Even he had sent several letters to Chief Commercial Manager (Claim) South East Railway, Kolkata through registered post on 16.12.2016, but no reply had been given nor payment was paid by the railway, hence this case.

3          Complainant has filed some documents in support of his case:-

Anx-1 Copy of the Railway Tickets.

Anx-2 Copy of the letter of the Railway for RTI.

Anx-3 Copy of the Reservation Form duly certified by the Railway.

Anx-4 Copy of application to Chief Commercial Manager (Claim),

               Kolkata.

4          All the three Opposite parties appeared and filed a common written statement. It has been submitted that this Forum has no jurisdiction to decide this complaint and further it is submitted that Railway Claim Tribunal Act provides facilities for refund of fares u/s 13 of Railway Claim Tribunal Act 1987. It is also submitted that section 15 of the Railway  Claim Tribunal Act bars the jurisdiction of Court or any Authority in respect of sub section (1) and (1-A) of section 13 of the Railway Claim Tribunal Act. It is also submitted that section 28 of the Railway claim Tribunal Act 1987 has given overriding effect. According to this provision “notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act” and prayed for dismissal of the complaint.

5          Certain law has been filed in support of the submission by the O.Ps.

                                                            F I N D I N G S

6          At the very outset on perusal of the record, it appears that the complainant had purchased railway tickets for charging on payment, therefore, he is a consumer and the dispute for non refund of the ticket fares, is a consumer dispute.

7          The main point for the argument for the O.Ps. are section 15 of the Railway Claim Tribunal Act bars the jurisdiction of any Court or other Authorities .

            From perusal of the fact in the complaint petition, it is stated that the complainant had made complaint before Chief Commercial Manager (Claim) for refund of the amount of the tickets Rs. 2,640/- but the amount was not paid. In the light of section 15, this Forum cannot decide the claim of the fare as per section 15 but nonpayment by Railway Authority of the tickets is certainly deficiency in service for which the complainant is entitled for compensation and the litigation cost under the Consumer Protection Act.

8          Therefore, the O.Ps. are entitled to pay compensation to the complainant for non clearing the claim of refund of fares and the Railway is liable to pay the compensation  and litigation cost.

9          Thus, we allow the part claim of the complainant and we direct the O.P. to pay compensation of Rs. 3,000/- (Rs. Three thousand) only along with litigation cost of Rs. 1,000/- (Rs. One thousand) only to the complainant within 60 days from passing of this order, failing which the amount of compensation shall be enhanced to Rs. 10,000/- (Rs. Ten thousand) only till realization.