Date of filing :- 18/11/2014
Date of Order :- 01/07/2015
DISTRICT CONSUMER DISPUTES REDRESSAL FOURM(COURT)
B A R G A R H.
Consumer Dispute Case No. 33 of 2014.
Aswin Kumar Pradhan, At. Tapaswini Vihar, Khajurtikra, Bargarh, P.o/Dist. Bargarh. ..... ..... ..... Complainant.
- V e r s u s -
Chairman, Railway Board, At. Raisena Road, New Delhi-110001.
G.G.M. (I.T.) IRCTC (Indian Railway Catering and Tourism Corporation Ltd.) IRCA Building State Entry Road, New Delhi-110055.
.... .... .... Opposite Parties.
Counsel for the Parties:-
For the Complainant:- Himself
For the Opposite Party No.1(one) :- Ex-parte.
For the Opposite Party No.2(two):- Sri R.R. Swain, Advocate with others Advocates.
-: P R E S E N T :-
Miss Rajlaxmi Pattnayak ..... ..... ..... ..... ..... ..... ..... P r e s i d e n t.
Mrs Anjali Behera ..... ..... ..... ..... ..... ..... ..... M e m b e r.
Sri Pradeep Kumar Dash ..... ..... ..... ..... ..... ..... ..... M e m b e r.
Dt. 01/07/2015. -: J U D G E M E N T :-
Presented by Sri P.K. Dash, Member.
Complaint pertains to deficiency in service enumerated under the provision of Consumer Protection Act 1986. The gist of the Complaint described here under.
The Petitioner/Complainant by paying fair for Railway Journey as of consideration money is a consumer under the Opposite Parties. The Opposite Party No.1(one) being a public enterprises operates its railway network through out the India. The Opposite Party No.2(two) is a company tye up with the Opposite Party No.1(one) which provide Railway Passenger, reservation system for purchasing tickets and catering facilities. The Complainant along with his wife booked two tickets from the Indian Railway for Journey from Yasbantpur to Bargarh Road for the Dt.02/06/2014. As the tickets did not get confirmed till 25/05/2014, the Complainant booked ticket in an another weekly train bearing No.0852 for travelling from Yasbantpur to Bhubaneswar on 05/06/2014 at 11.55 PM and the scheduled time for arrival at Bhubaneswar Railway Station was 10.45 PM and also booked tickets in the train number 18407 from Bhubaneswar to Bargarh road which was scheduled to depart from Bhubaneswar to Bargarh at 11.45 PM on 06/06/2014.
The train number 0852 travelling from Yasbantpur to Bhubaneswar started late from the station and inspite of stoppage at six scheduled stations stopped at many stations during the route and reached Bhubaneswar at 01.50 AM (night) on 06/06/2014 by that time the train No. 18407 traveling from Bhubaneswar to SNSI through Bargarh Road had already left the Bhubaneswar Railway Station. The logic attributed by the Complainant that, the ticket fare for the train No. 0852 traveling from Yasbantpur to Bhubaneswar is very high as comparated to the other trains and inspite of being a super fast express train, travelled in a very low speed, stopped at many stations as against its scheduled stoppage for which the train got late and as a result he had to miss the link train from Bhubaneswar to Bargarh Road, for which he lost Rs. 500/-(Rupees five hundred)only for ticket booked in this train No.18407 and also had to wait for 7(seven) hours in the platform with her ailing wife. For this negligence of Opposite Parties the Complainant suffered mental agony and financial loss.
The Complainant seeks the redressal of the Forum to direct (i) Opposite Party No.1(one) to pay Rs.500/-(Rupees five hundred)only towards loss born by him for the tickets booked in train No.18407 (ii) to direct Opposite Party No1(one) and 2(two) to pay Rs.5,000/-(Rupees five thousand)only towards mental agony, he was subjected to (iii) to direct the Opposite Parties to pay Rs.2,000/-(Rupees two thousand)only towards litigation cost.
The Complainant in support of his contention filed xerox copies of the following documents.
Website copy of trains traveling through Yasbantpur to Bhubaneswar (Annexture-1)
Electronic Reservation Slip (Ticket) in train No.00852 Dt.02/06/2014 (Annexture-2)
Electronic Reservation Slip (Ticket) in train No.18407) Dt.26/05/2014(Annexture-3)
Summons have been served on both the Opposite Parties. The Opposite Party No.1(one) did not appear before the Forum to contest the case and has been set ex-parte.
The Opposite Party No.2(two) appeared before the Forum, filed his version denying almost all the allegations of the Complainant. This Opposite Party has contended that the Complainant has not submitted the details of the traveling trains (PNR numbers, seat, coach train numbers etc) along with the Complaint for which the Complaint is a defective one. Further contention of the Opposite No.2 (two) is that IRCTC is a company which has no role in the operation and running of trains of the Indian Railways. IRCTC only provides access to Railway Passengers Reservation System through its server and internet to book the tickets and the Complainant has no locus standy to claim against him (IRCTC) for deficiency in provide service and prays for dismissal of the Complaint with cost.
Heard both the counsels for the complainant and Opposite Party No.2(two), perused the available documents in the case record.
The case of the Complainant is that the train No.0852 traveling from Yasbantpur Junction to Bhubaneswar Junction is a super fast express train, having very high ticket price, travelled in a low speed, made many stoppages as against its scheduled stoppage and arrived Bhubaneswar Railway Station in delayed hour as against its scheduled time of arrival, consequently the Complainant left the link train bearing No.18407 traveling from Bhubaneswar to Bargarh Road.
The website copy of trains traveling through Yasbantpur to Bhubaneswar (Annexure-I) filed by the Complainant reveals that in between Yasbantpur Railway Junction and Bhubaneswar Railway Junction there are five railway stations where the train is scheduled to made stoppages and the probable time of arrival and departure at every station is also reflected in the web page. The electronic Reservation Slip (ticket) (Annexure-2) reveals that the train bearing No.00852 traveling from Yasbantput to Bhubaneswar is a premium train and the train fair as compared to other express train is higher. The train arrived at Bhubaneswar railway station after three hours as against its schedule time of arrival and the Complainant had to left the link train bearing No.18407 traveling from Bhubaneswar to Bargarh Raod as revealed from the Complaint petition.
Moreover upon thorough perusal of the website copy of train bearing No.00852 traveling from Yasbantpur to Bhubaneswar it it found that the train is covering distance between the stations in variant speed not maintaining any uniform speed. Finally the time consumed by the train to cover the entire distance of 1521(one thousand five hundred twenty one) kilometers in about 26 (twenty six) hours which means the average speed of the train per hour is about 58(fifty eight) kilometer which is much slower speed as expected from a express train having higher price.
The Chairman, Indian Railway Board, the Opposite Party No.1(one) did not opt to appear in the case and set ex-parte. As Opposite Party No.1(one) did not contest this complaint case, the allegations as levelled against it is unanswered. For non appearance of the Opposite Party No.1(one) the reason for more stoppages as against the schedule stoppage, traveling in a low speed, the status of the premium train as compared to its exorbitant high ticket price and the delayed arrival of the train at Bhubaneswar Railway Station is not explained which amounts to deficiency in service and the Opposite Party No.1(one) is held responsible for the same. This contention is upheld by a decision reported in Chairman Railway Board Vrs S.Bharath and Another, I I (1995) CPJ 407.
The Opposite Party No.2(two), IRCTC is a company only provide internet access to the reservation of railway tickets for which it takes a nominal charge and it has no role in operation of Indian Railway in any way. Hence there is no deficiency in service on the part of this Opposite Party.
Most importantly people travel by express trains paying higher price to save time and to reach the destination in proper time and in the twenty first century time is precious then money and to cope with the day to day occupation and business people planned their activities within the stipulation of time. Any delay as against their plan may cause loss to their life and profession. The Indian Railway is expected to be more patient towards the problems and emotions of the people in providing better service for the price of the people paid to it for railway journey.
Owing to all the aspects of facts and evidence on record, the Forum comes to a conclusion and order as follows:-
The Opposite Party No.1(one) is directed to refund Rs.381.24/-(Rupees three hundred eighty one and twenty four paise)only to the Complainant towards the fair of the ticket in train bearing No.18407 along with a compensation of Rs. 500/-(Rupees five hundred)only towards mental agony, harassment and litigation cost within forty five days from the date of Order. Failing which interest @ 9% (nine percent) per annum will be levied against the Opposite Party No.1(one).
The Opposite Party No.2(two) is exonerated from the charges leveled against it
Complaint disposed off accordingly.
Typed to my dictation
and corrected by me.
(Sri Pradeep Kumar Dash )
M e m b e r.
I agree, I agree,
( Smt. Anjali Behera ) (Miss Rajlaxmi Pattnayak)
M e m b e r. P r e s i d e n t.
