Order-9.

Date-29/04/2015.

This is an application u/s.12 of the C.P. Act, 1986.

          Complainant by filing this complaint has submitted that for the purpose of attending the birth anniversary of Maulana Abul Kalam Azad as a Headmaster of Belur T.H. Memorial Urdu H.S. School, and to go to Delhi he purchased to and fro tickets on 26-10-2014, one for onward journey by Sealdah Durant5o vide PNR No.6334903305 and date of journey 06-11-2014 another one for return journey by Kolkata Rajdhani vide PNR No.2364061297 having a date of journey 10-11-2014 but after purchase he noticed that his name was wrongly inserted by the booking clerk and he requested to the said booking clerk for rectification but the booking clerk referred to CRS and finally his ticket had rectified and on the date of his return journey he found that his name was not found in the Kolkata Rajdhani Passenger’s chart bearing PNR No.2364061297 dated 10-11-2014 and in the above situation complainant compelled to purchase another ticket on 10-11-2014 vide PNR No.2264645239 for return journey by Sealdah Duronto and again he paid Rs.2,035/- for the ticket.  After the above incident complainant asked for refund of the money and also prayed for compensation etc. to the Railway Authority but they did not pay any heed and harassed the complainant in so many manner and ultimately for proper redressal complainant filed this complaint.

          Notice of the complaint was duly served by speed post and it was received by the OP which is evident from the postal track report and fact remains the complaint was filed on 30-12-2014 and notice was served on 20-01-2015 but OP did not turn up to contest the case so, the case heard ex parte.

Decision with Reasons

On proper consideration of the complaint and also considering the argument of the complainant and further considering the document that the reserved ticket of the complainant for his return journey vide PNR No.2364061297 was cancelled and reason of cancellation was not reported to the complainant which is evident and fact remains in the mean time complainant received a letter from the OP where OP has sent a refund of Rs.2,070/- asking complainant to receive it but in the said letter it is found that PNR No.6534902888 dated 06-11-2014 which is wrong but the address of the complainant is noted correctly.  It is noted that the entire railway administration and their officers are so callous that complainant prayed for return of the said amount long back that is on 14-11-2014 and even after filing of the complaint and on receipt of the complaint by the OP, OP sent such letter asking the complainant to receive the said amount of Rs.2,070/- but PNR No. is found erroneous.  It is also proved that cancellation of the reserved ticket was made by the Railway Authority without any information and reason for cancellation is not also informed to the complainant that means it is proved that complainant was harassed by the OP without any reason and fact remains a valid ticket holder with reserve ticket on his return journey was harassed and complainant was compelled to purchase another ticket for his return journey and such sort of service on the part of Railway (OP) is deficient in manner and no doubt complainant has been harassed and practically in such sort of cases compensation should be awarded otherwise railway authority shall not be rectified and most interesting factor is that OP prepared a pay order in the name of the complainant after receipt of the complaint but when it was sent it is found that PNR No. is otherwise that means further complainant shall be harassed because PNR No. of the complainant is otherwise but it is to be noted mentioned that the Railway Authority did so, that the complainant may be further harassed and that is the railway service culture in the office and it is pointed out in so many cases and it is their callous and irresponsible act and activities on the part of the Railway Officers.   In the result we are convinced to hold that there is no ground to disbelieve the testimony of the complainant including the materials as produced by the complainant which is unchallenged in fact.  Truth is that the reserve ticket was cancelled without any valid cause and that amount was not returned but OP tried to manage this matter in the meantime but fact remains that a pay order with erroneous PNR No. is sent which is no doubt harassing and no doubt negligent in manner and OP committed illegal act for which as a head master of a school he was loitering from Railway Station to School, School to House, House to Forum for last 6 months but Railway Authority is very much silent because they are in the cold room (AC Room) so they are not thinking about the sufferings of the consumers or the railway passengers.  Accordingly complaint succeeds ex parte.

Hence,

Ordered

That the case be and the same is allowed ex parte against the OP with a cost of Rs.5,000/-.

          OP is hereby directed to pay the entire amount of the ticket which is cancelled by the OP without any valid reason and shall have to pay compensation of Rs.5,000/- for harassing the complainant in such a manner and also for loss of his duty and working hours as a teacher so,  OP shall have to pay the decretal dues, the entire ticket amount and also litigation cost within one month from the date of this order failing which for non-compliance and disobedience of the Forum’s order OP to pay a penal interest  at the rateRs.100/- per day till full satisfaction of the decree and if it is collected it shall be deposited to this Forum.

          Even if, it is found that OPs are reluctant to comply the order in that case the penal action u/s.27 of the C.P. Act shall be started against them for which they further imposed penalty and fine.