Orissa

Cuttak

CC/194/2014

Jagadananda Mohapatra - Complainant(s)

Versus

Chairman,Railway Board - Opp.Party(s)

B S Sahu

31 Dec 2015

ORDER

OFFICE OF DISTRICT CONSUMER DISPUTES REDRESAL FORUM:CUTTACK.

                                                            C.C. Case No.194/2014

1.            Jagadananda Mohapatra,

 

2.            Sasmita Sahu

W/O:Jagadananda Mohapatra,

Both are of Industrial Estate,

P.S:Madhupatna,Dist:Cuttack.                                               .… Complainants.

 

                                                                Vrs.

1.       Chairman Railway Baord,

Baroda House,New Delhbi..

 

2.        Chief Commercial Manager,

       Northern Railway,Baroda House,

         New Delhi.

 

3.         Chief Commercial Manager,

East Coast Railway,Chandrasekharpur,

Bhubaneswar.

 

4.        Station Superintendent, New Delhi

Railway Station,New Delhi.

….Opp. Parties.

 

Present: Sri Bijay Kumar  Das,President.

 Sri Pitabash Mohanty,Member.

 

Date of filing:  29.12.2014

Date of Order: 31.12.2015

                                                                                JUDGMENT

 

MR. BIJAY KUMAR DAS,PRESIDENT.

 

            Deficiency in service in respect of delayed intimation in connection to confirmation of berth on Duranto Express are the allegations arrayed against O.Ps.

1. Complaint in nutshell reveals that complainants are couple residing at Cuttack and to visit their friends moved to New Delhi.  After receiving the message of serious illness sof complainant’s father they booked two tickets from New Delhi to Cuttack on Duranto Express in train No.12282 on Ist October,2014 at 10.22 AM in ‘Tatkal’ mode through IRCTC            S.  The schedule date of journey was2^nd October,2014.  During booking of   the e-tickets the allotment of berth/seat was on waiting list No.CK5 & CK6 in Cuttack quota and the PNR No. Was 2838758210(Annex-1).  It is revealed from the complaint petition that IRCTC is a subsidiary authority under the Indian Railways provides different services to the passengers by taking additional service charges which includes e-service through Net.  It is also averred that in case of tickets purchased through IRCTC on electronic mode the updated allotment position of seats/berths will be intimated to the passengers on the mobile telephone number given on the time of booking of e-tickets, if the berth/seats are not confirmed the amount paid for fare will be returned by ‘E’ process to the ticket holder.  As per the charting rule of the Indian Railway the charts of berth/reservation of seats will be prepared in generally 4 to 16 hrs before the departure of the train, so that the wait listed candidate will be intimated regarding status of their seats/berths.  It is stated in the complaint petition that on the day of schedule journey i.e. on 2.10.2014 at 11.45 A.M. the complainants came to know that their wait listed status had confirmed as A-129 and A-130 when there is just more than an hour was left for the schedule departure of Duronta Express from New Delhi to Cuttack. Copy of the confirmed tickets and time is filed on the case marked as Annex-2.  After receiving the information about confirmation of berths complainants rushed to the New Delhi Railway Station to catch the train.  As complainant was residing 25 K.Ms away from the New Delhi Railway Station and due to heavy traffic problem in the road, they could not catch the train and the train was left the plat form.  When the complainants were not able to board the train, complainant’s wife sustained mental shock and became senseless and with the help of other passengers he took the complainant no.2 to Railways First-Aid Centre where she was given treatment.  Complainant No.1 lodged his grievances before Station Superintendent at about 13.15 P.M on the very same date alleging the negligent attitude of the Railway authorities.  The letter is marked as Annex-3.  When the letter of the complainant remains unanswered he on behalf of his wife wrote a letter by Regd. Post on 11.11.2014 to the O.Ps regarding the negligent attitude of the authorities where loss/damages were claimed as compensation to the tune of Rs.1.00 lakh.  The letter is filed as Annex-4 series.  After receipt of the letter(Ananex-4) O.P No.3 directed O.P No.2 to take necessary action with a copy to complainant (Annex-5 ), but till date no action has been taken in this regard for which this complaint before this Forum seeking direction of this Forum to direct the O.Ps to release Rs.1,82,214.47(Rupees one lakh eighty-two thousand two hundred fourteen and forty-seven paisa) which includes refund of railway ticket fare, towards compensation for mental agony, physical torture and cost of litigation.
2. Being noticed O.Ps appeared through their Learned counsel and filed written version in to the proceeding  O.Ps in their parawise reply admitting the facts of the purchase of tickets  through IRCTC by complainant and the schedule date of journey to be 2.10.2014 by Duranto Express, train No.12282, the destination of journey was from Ex-New Delhi to Bhubaneswar.  The written version reveals that the tickets were booked on ‘Tatkal’ quota and status of the passengers/complainants in the time of booking of ticket was wait listed vide PNR No.283-8758210.  It is averred on the written statement  that, if the tickets purchased in waiting list is not confirmed the amounts paid by the passenger is refunded by deducting cancellation charges.  The confirmation position was given through SMS to him.  The passengers travelling through e-ticket and through PRS(passenger reservation system) who given their mobile numbers at the time of booking of tickets, further these facilities are extra facilities provided by the Indian Railways.  O.Ps denying the allegation regarding preparation of chart between 4 to 16 hrs. before the departure of train submit that the reservation centre is accvept3ed before 4 hours of departure time of train.  In the 4 hours the authorities have to complete certain formalities required for preparation of chart and on its completion concerned staff given command for preparations of chart.  The passengers of confirmation and wait listed ticket holders have to reach in the station, well in advance before the departure of the train. To avoid failure in system of intimating the passengers through SMS for technical reasons. 

It is further averred that the Railway authorities never advised the passengers to reach the station after receiving the SMS to catch the train, so the compensation of Rs.1.00 lakh claimed by the complainants also does not arise at all as the O.ps have not violated any rules.  O.Ps further raised the question of maintainability on the grounds of jurisdiction.  It is stated that Consumer Forum,New Delhi has only the jurisdiction to adjudicate the case and this Forum has no jurisdiction to entertain the complaint.  It is the version of the O.Ps that complainants are not entitled to refund of fare of tickets as the tickets booked by complainants were ‘confirmed’ for travelling.  As per the rules of the Railways in the case of cancellation the confirm ticket holders are not entitle to refund back the prices of the ticket.  It is prayed that as the O.Ps have not committed any deficiency in service and whatever difficulties have been faced by the complainants, it is for their own fault, hence the complaint is liable to be dismissed with cost.

3. Heard the arguments advanced by the learned counsel for the parties.  Perused the documents filed in to the dispute.  Before discussing the merits of the case it is to be decide whether the complaint is maintainable or not as raised by the O.Ps.  The O.Ps on their written version averred that Forum at Cuttack has no jurisdiction to entertain the complaint.  Only the Forums located at New Delhi has jurisdiction to adjudicate the dispute as no cause of action arose within the local limits of the Forum.  Complaint petition and submissions reveals that as the O.Ps have a Nationwide Network and their branch offices located at Cuttack and the money was transferred from the Bank account of the complainant situated at Cuttack for booking of tickets, hence the complaint is maintainable before this Forum.  We appreciate the submission of learned counsel for the complainant as it is clear that the branch office of O.Ps are located within the local limits of this Forum in addition to that the money transferred for purchase of tickets were debited from the bank account of complainant located at Cuttack.  Hence in our considered view the complaint is maintainable as per Sec-11 of C.P.Act,1986.
4. As per the complaint admitted facts of the case are that complainant booked two nos., of e-tickets on 01.10.2014 through IRCTC on Tatkal quota by paying an amount of Rs.7390/- along with extra charges on 2AC from New Delhi to Bhubaneswar in train No.12282, Duranto Express.  The schedule date of journey was 2.10.2014 and the PNR No. was 2838758210.  It is also admitted fact that at the time of booking of tickets the status of the complainant was wait listed.  It is further admitted facts that before departure of the said train on 2.10.14 the status of complainant’s tickets were confirmed on A-1 coach with berth No.29 & 30.
5. It is the case of the complainant that as the tickets booked for travelling from New Delhi to Bhubaneswar on 2.10.2014 was wait listed and he received the information of confirmation of berth at about 11.43 A.M on 2.10.14 and the train was to left New Delhi Plat form at 12.55 P.M on 2.10.14.  Though he and his wife rushed to New Delhi Railway Station after covering a distance of 25 K.Ms. on road and due to heavy traffic complainants missed to board the train for which her wife along with him sustained physical, mental pain for delayed information of confirmation of berth.  It is the further case of the complainant that though as per the rules the final chart of reservation of berths are prepared 4 to 16 hrs before the departure of the train and the charting is informed to the concerned passenger through SMS well in advance to avoid the hassle  in spite of complainant’s mobile telephone no. available with the O.Ps, he received the SMS much later and just 1 hour prior to departure of the train for which he and his wife missed the train on schedule date of journey.  By not giving the SMS confirmation of berths, O.Ps have committed deficiency in service for which the complainants should be compensated.  Countering the allegations O.Ps contentions are that there is no such mandatory provision in Indian Railways that SMS messages will be sent to the passengers regarding confirmation of tickets, rather messages of confirmation provided as an additional service to both the e-ticket holders and PRS(passenger reservation psystem) to those who given their telephone numbers at the time of booking of tickets.  As per preparation of chart is concerned it is the version of the O.Ps that before preparation of chart some important formalities are to be completed and preparation of chart at 11.43 hrs on the alleged date journey i.e. on 2.10.2014 are not malafied.  It is further pleaded that it is the duty of wait listed passengers to reach in time at the station to board the train.
6. We examined the copy of the e-ticket which confirms the version of the complainant.  The copy of e-ticket discloses that passenger’s mobile phone No. is 9910432145.   The point of dispute in the present case relates to preparation of chart and sending of messages regarding updated position of e-ticket holders.  We gone through a copy filed by complainant in connection to ‘what are the rules of charting/when is chart prepared’.

When the chart is prepared

Charts are prepared on the basis of departure time from the stations to which the reservation quota pertains.  A train has multiple charting based on different quota provided for the train.

The phenomena are basically follows:

1.  Reservations are suspended in general before 4 hours of departure of the train from the station where the operative quota is charged or 08:00 PM(Sunday or specific holidays 02:00 PM) whichever is earlier

2. For the trains departing on a day up to 12:00 noon, reservations are suspended on the reservations closing hours of the preceding day.

3. This suspension is for the public at large and supervisors have authority to go on issuing For VIPs.

4. And hence, charting can be done anytime after reservations are suspended.  Accordingly for non important trains charting is done more or less 4 hours before the departure time for trains operating from 12.00 noon to 11:59 midnight.

5. For trains operating beyond 11:59 midnight to 12:00 noon, charting is done any time after 08:00 PM and hence it can arrange from 4 hrs to 16 hrs in advance.

6. In case of Sunday or a specific holiday, this advance period may range from 4 Hours to 22 hrs.

7. Yet charting for the trains which have much VIP inclination is quite delayed and is witnessed even before 50 minutes only.

8. A charting for a station enroute to which a different quota applies, can still be done from the originating station of the train if the required leg(journey span) was available to the origin.

It is clear from the above rules that charting is prepared 4 to 16 hours after reservations are suspended in a normal day.  In case of holidays charting is prepared 4 to 22 hrs in advance.  In the instant case admittedly complainants were intimated at 11.43 hrs whereas the train has to leave 12.55 hrs just one hour 10 minutes before departure of the train.  Regarding confirmation of berths on scheduled date of journey i.e. 2.10.2014 is also a ‘National Holiday’.  As per the said Rules there were sufficient times available to the Railway authorities to prepare and intimate the passengers regarding status of the wait listed passengers.  Nothing is produced before this Forum to substantiate the plea of the O.P, Railway Authorities that SMS service is an additional service provided to the passengers and the authorities are not responsible for any inconvenience to the passengers created by not providing SMS intimations, when specific service charges are collected from the passengers providing different services.  Equally, it is clear that complainant like passengers spent a good amount of money for comfortable and assured journey to reach their respective destinations.  The plea of the O.Ps that passengers have to arrive well in advance on the concerned station to board the train by shifting the responsibility on passengers.  This plea is difficult to digest on the present day where technologies are developed a lot to facilitate its customer to be assured enough about their journey.  At no stretch of imagination on 21^st century one cannot expect that a wait listed passenger will move to the concerned station without knowing his status of the ticket and if his/her tickets are not confirmed he/she will not able even to board the train like Duranto Express.  If his/her tickets are not confirmed then he/she has either to cancel his/her journey or refund back his booking amount.  So late application/intimation of charting on 2.10.2014 in train No.12282 have definitely caused physical and mental agony to the complainants.  Further, the complaint before the authorities of Northern Railway on 2.10.14 and 11.11.2014 are not duly responded which is a right of passenger-consumer conferred under C.P.Act,1986.

As per the above discussion, we are of the considered view that the late intimation to the complainant’s regarding confirmation of berth on the date of journey on 2.10.14 on Duranto Express from New Delhi to Bhubaneswar is deficiency in service on the part of the O.Ps for which complainants are entitled for relief as per C.P.Act.  This Forum is not sure whether the fare of the ticket has refunded or not? The compensation amount claimed by the complainants are on a higher side without any basis.

Hence, it is directed that O.Ps will return the ticket fare out of Rs.7390/- as per the norms, if not refunded earlier.  In addition to that O.Ps will pay Rs.10,000/- to each of complainants as compensation for physical and mental agony along with Rs.2000/- as cost of litigation within two months from the date of receipt of this order.

The complaint is allowed in part on contest.

Typed to dictation, corrected and pronounced by the Hon’ble President in the open Court on this the 31^st day of Dec, 2015 under the seal and signature of this Forum.

 

 

                                         (Sri B.K.Das )

                                                                                                                                                     President.

 

                                                                                                                          I agree

                                                                                                                                                   (Sri Pitabasa Mohanty)

                                                                                                                                                       Member