NCDRC

NCDRC

RP/1181/2006

SHIV PRAKASH BAJPAI - Complainant(s)

Versus

CHIEF COMMERCIAL MANAGER(REFUND), NORTHERN RAILWAY - Opp.Party(s)

S.P.BAJPAI

20 Sep 2010

ORDER


NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. 1181 OF 2006
(Against the Order dated 20/02/2006 in Appeal No. 1860/2004 of the State Commission Uttar Pradesh)
1. SHIV PRAKASH BAJPAIHOUSE NO.120 DUPRAPUR IN FRONT OF BHURI DEVI MANDIR DISTT UNNA UP ...........Petitioner(s)
Versus
1. CHIEF COMMERCIAL MANAGER(REFUND), NORTHERN RAILWAY2ND STOREY COURT SECTION BUILDING NEW DELHI ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MRS. VINEETA RAI ,MEMBER
For the Petitioner :S.P.BAJPAI
For the Respondent :Mrs. Rekha Aggarwal, Adv. for -, Advocate

Dated : 20 Sep 2010
ORDER

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Petitioner/complainant had purchased a ticket for 21.3.2002 for traveling from Kurla to Unnao Junction in Train NO.1015 Kushinagar Express. The ticket was booked from Kanpur on 1.3.2002 and he was kept in the waiting list. Petitioner paid Rs.366/- for the said -2- ticket. It is alleged that the complainant was asked by the concerned authorities to accompany the train and take a chance if at some subsequent station, he gets his reservation confirmed reservation. So, he traveled in general second compartment and, on reaching Unnao Junction, he met the Station Superintendent on 27.3.2002 and asked for refund of the ticket amount, but his request was not acceded to. Thus, being aggrieved petitioner filed the complaint before the District Forum. District Forum allowed the complaint and directed the respondent to pay the amount of difference of second class fare and waiting list ticket from Railway Station Kurla to Unnao Junction from the date of order within two months along with Rs.2,000/- as compensation, failing which the respondent was directed to pay interest at the rate of 18% per annum w.e.f. 18.10.2001 till the actual date of payment. Rs.1,000/- were awarded as costs. Opposite party, respondent herein, filed the appeal before the State Commission. The State Commission allowed the appeal and set aside the order passed by the District Forum by observing thus: -3- “It may be pointed out that it is totally immaterial now to go into the issue whether the reservation was provided to him or not. According to the complainant, he did travel by the same train but in a general compartment. Believing the complainant’s version that he did travel in a compartment in which that ticket was not meant, could if rule is applied strictly, be taken to be a wrong travelling and illegal use of the railway facility. But since refund also was not claimed within 24 hours of not getting the reservation, the claim of the complainant to claim refund of the reservation amount is wholly barred by provisions made in the regulations. In view of the discussion aforesaid, it is only good that the complainant Bajpayee managed to travel between Kurla and Unnao on a ticket which was not authorizing him to do so but it was good that nothing happened and he reached the destination safely.” It has been held that since the petitioner had already undertaken the journey on the waitlisted ticket, he was not entitled to the refund of the amount. We agree with the view taken by the State Commission. Since the petitioner had undertaken the journey on waitlisted ticket, -4- he was not entitled to the refund of the amount. No merits. Dismissed.



......................JASHOK BHANPRESIDENT
......................VINEETA RAIMEMBER