BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
CACHAR :: SILCHAR
Con. Case No. 12 of 2013
Mr. Binu S ………………………………………………………….. Complainant.
-V/S-
1. The Chief Commercial Manager (Refund) , North Frontier Railway,
Head Quarters Office, Maligaon, Guwahati - 781011 O.P No.1.
2. Indian Railway catering and Tourism Corporation Ltd.
9th Floor, Bank of Baroda Building, 16, Parliament Street,
New Delhi – 110001 O.P No.2.
Present: - Sri Bishnu Debnath, President,
District Consumer Forum,
Cachar, Silchar.
Mrs. Chandana Purkayastha, Member,
District Consumer Forum,
Cachar, Silchar.
Shri Kamal Kumar Sarda, Member,
District Consumer Forum,
Cachar, Silchar.
Appeared :- Mr. Rajib Das, Advocate for the complainant.
Mrs. Mousumi Chatterjee, Advocate for the O.P.1.
Mr. Shubrendu Sekhar Dutta, Advocate for the O.P.No.2.
Date of Evidence……………………….. 05-02-2014
Date of written argument……………… 06-04-2015, 18-06-2015
Date of oral argument………………….. 01-09-2017
Date of judgment………………………. 21-09-2017
JUDGMENT AND ORDER
Sri Bishnu Debnath,
- The Complainant Sri. Binu Surendran brought this complaint against the Chief Commercial Manager (Refund) NF Railway and IRCTC for award of refund of Rs.878 with interest and compensation of Rs.10,000/-.
- To get the relief he brought the fact in his complaint in details. Brief fact is as below:-
The Complainant purchased e-ticket through IRCTC website on 10/04/2012 for journey from Lumding to Silchar by Train No.15691 in 2AC. The schedule date of journey was 10/07/2012. Ticket booked for three passenger including his wife and son. The PNR was 6701219459. Price of the Ticket was Rs.1775. But very unfortunately the Train was cancelled by the Railway Authority. Hence, he filed TDR on 19/07/2012. The railway authority refunded 50% of the above amount and credited directly to his Bank Account but refused to refund the balance amount of Rs.878. Accordingly, he send his claim application to the O.Ps. vide application dated 18/02/2013 but in vain.
- The O.P.No. 1 and 2 submitted their W/S separately. The O.Ps in their W/S stated inter alia that the Train No.15691 was cancelled on 10/7/2012 due to trouble beyond the control of the Railway Authority and accordingly 50% of the Ticket value refunded to the Complainant in place of 100% as the Complainant filed TDR after 9 days of scheduled date of journey instead of 72 hours of the cancellation of the journey.
- During hearing the Complainant submitted his deposition supporting affidavit and also exhibited E-ticket, TDR, Requesting letter addressed to O.P. for refund the balance amount of Rs.878 and other relevant paper. The O.P. No. 1 examined Rupesh Nandy and O.P.No.2 examined Kaushik Banerjee, the Regional Manager of IRCTC, Guwahati. After closing evidence both sides counsels submitted their written argument.
- In this case the crux point is as whether the Complainant is entitle to refund 100% or 50%. The Complainant is claiming 100% refund of e-ticket value because the Train was cancelled by Railway authority and the Claimant and his 2(two) other Co-passenger could not travel by train from Lumding to Silchar in schedule date of journey. But the O.Ps took plea that 50% was refunded in view of provision of Rules 5 and 6 (i) (C), 6(2) and Rule 7 (i) (iii) of Railway passengers (cancellation of ticket and Refund of fare) Rules 1998.
- We have gone through the aforesaid provision of Rule 1998. The said provisions are applicable for unused tickets on which no reservation has been made or reservation has been made on for unused waitlisted or RAC tickets or waitlist ticket. But from the record and evidence it is concluded that the journey was not performed due to cancellation of Train by the Railway authority and not cancellation of Ticket only.
- Hence, in the instant case Provision of Rule 14(i) (a) of the aforesaid Rule 1998 is applicable. Therefore, the Complainant is entitled to refund of full fare for the entire booked journey without any deduction and without levy of cancellation charge.
- Thus, we are of opinion that the O.Ps. have unjustifiedly withheld refund of balance amount of Ticket value of Rs.878. As such the said action of the O.Ps. are unfair and for which are liable both jointly and severally to refund the balance amount of Rs.878 and also to pay compensation for mental agony etc. of the Complainant of Rs.5,000/- and proceeding cost of Rs.2,000/-. The said awarded amount to be paid within 45 days from today. In default interest to be charged @10% per annum.
- With the above, this case is disposed of on contest. Supply free certified copy of the judgment to the parties. Given under the hand of the President and Members of this District Forum and seal of the Office of the District Forum on this the 21st day of September, 2017.
