DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

                                      Consumer Complaint No. 155 of 3.5.2017

                                      Decided on:         1.4.2021

Kamal Krishan Batta Advocate, aged about 62 years, District Courts, Patiala.

                                                                   …………...Complainant

                                      Versus

1. Indian Railways through Chief Commercial Manager Railway (Refunds) 2^nd Floor, Station Building, New Delhi.
2. Secretary of Ministry of Railway,New Delhi.
3. Station Master, Railway Station, Nabha.

                                                                   …………Opposite Parties

                                      Complaint under Section 12 of the

                                      Consumer Protection Act, 1986.

QUORUM

                                      Sh. Jasjit Singh Bhinder, President

                                      Sh.Vinod Kumar Gulati, Member    

                                      Sh.Y.S.Matta, Member

ARGUED BY

                                      Sh.K.K.Batta,complainant in person.

                                      Sh.Dinesh Sharma, counsel for OPs.                                      

 ORDER

                                      JASJIT SINGH BHINDER,PRESIDENT

1. This is the complaint filed by K.K.Batta (hereinafter referred to as the complainant) against Indian Railways and others (hereinafter referred to as the OP/s) under the Consumer Protection Act.

Facts of the complaint

2. Briefly the case of the complainant is that on 23.3.2016 he got booked ticket No.66674735 from Ambala Cantt to Ujjain in respect of train No.19308 Chandigarh-Indore (Weekly) for 1.4.2016 and similarly got booked ticket No.66674736 from Ujjain to Ambala Cantt in train Chandigarh –Indore(Weekly) for 5.4.2016 from OP No.3 and following seats were allotted and paid Rs.1665/- for the ticket from Ambala Cantt to Ujjain and Rs.1750/- from Ujjain to Ambala Cantt;

3. It is averred that the complainant requested to the booking clerk Nabha Railway Station so many times to allot lower birth seats to senior citizens and female passengers according to the policy of India Railway Act but he did not pay any heed due to which the complainant alongwith his other co passengers have to drop the journey from Ambala Cantt to Ujjain and from Ujjain to Ambala Cantt. The complainant approached the concerned official of OPs for the refund of the amount and also to pay damages but to no effect. It is further averred that on 28.4.2016, the complainant sent a complaint to Sh.Narendra Modi, Hon’ble Prime Minister of India and to Sh.Suresh Prabhu, Hon’ble Railway Minister of India through registered post. It is further averred that on 31.5.2016 a reply was received from OP No.1 vide which the complainant was asked to submit the original tickets. Accordingly the complainant submitted the tickets to OP No.1.  It is further averred that again he received reminder dated 5.7.2016 that the tickets have not been received by OP No.1, the reply of which was given by the complainant on 13.9.2016. It is further averred that on 7.4.2017 the complainant received SMS on his mobile No.98156-80805 from the office of Prime Minister of India that “your registration No.PNOPG/D/2016/0273115 has been disposed off”. It is further averred that inspite of the disposing of the grievance, the complainant has not received any refund of the tickets in question. The complainant requested so many times to the OPs and the office of PMO at Delhi for the refund of the amount but all in vain. There is thus deficiency in service and unfair trade practice on the part of the OPs.
4. On this back ground of the facts, the complainant has filed this complaint with the request to accept the same by giving direction to the OPs for the refund of the tickets amounting to Rs.3415/- alongwith compensation of Rs.50,000/- for damages  and causing inconvenience to the complainant.

Written Statement

5. Notice of the complaint was duly served upon the OPs who appeared through counsel and contested the complaint by filing written statement having raised preliminary objections that this Hon’ble Forum has no jurisdiction to try and entertain the present complaint and that the complainant is not a consumer.
6. On merits, it is admitted that the tickets were got booked four passengers and only passenger M-61 was senior citizen. It is further submitted that counter clerk entered the lower berth option in the passenger reservation system but computer allotted lower berths for returned journey Ex.UJN to UMB. It is further submitted that in terms of IRCA Coaching Tariff Rule, for obtaining refund, passenger is required to surrender the ticket within prescribed time limit. It is further averred that the reply to the complaint addressed to Hon’ble Prime Minister/Railway Minister, received by the OPs, was duly given to the complainant on 23.5.2016.  It is further submitted that the claim against ticket under dispute was repudiated as the complainant failed to surrender the ticket with Railway Administration before four hours of departure of the train and the complainant was conveyed accordingly vide letters dated 23.5.2016 and 1.12.2016.There is thus no deficiency in service on the part of the OPs and the complainant is not entitled for any refund. After denying all other averments, the OPs have prayed for the dismissal of the complaint.
7.  

7. In support of the complaint, the ld. counsel for the complainant has tendered in evidence Ex.CA affidavit of the complainant alongwith documents Exs.C1 to C12 and closed the evidence.
8. On the other hand, the ld. counsel for the OPs has tendered in evidence Ex.OPA affidavit of Navika Asstt.Commercial Manager alongwith document Ex.OP1 and closed the evidence.
9.  

9. We have heard the complainant, the ld. counsel for the OPs and have also gone through the record of the case, carefully.
10. The complainant present in person has argued that he is senior citizen and booked tickets from Ambala to Ujjain for 1.4.2016 and from Ujjain to Ambala for 5.4.2016 in train Chandigarh –Indore from Nabha Railway station of OP No.3. The complainant has further argued that his wife is also senior citizen and she is suffering from heart ailment. He so many times  requested  the booking clerk of Nabha Railway station for the allotment of lower berth seats, they being  senior citizens , accordingly to the policy of Indian Railway but he refused.The complainant paid Rs.1665/- from Ambala to Ujjain and Rs.1750/- from Ujjain to Ambala Cantt. The complainant argued that he approached the concerned authorities and also written letters to Hon’ble Prime Minister and he received the message but the refund has not been paid. So the complaint  be allowed.
11. On the other hand, the ld. counsel for the OPs has argued that the complainant is not a consumer as per the definition of Consumer Act.The ld. counsel further argued that four tickets wee booked and only one was senior citizen of 61 age. The ld. counsel further argued that the computer clerk allotted lower berth from Ujjain to Ambala and did not allot lower berth from Ambala to Ujjain as the lower berth was not available. The ld. counsel further argued that in terms of refund the case was filed late, so the complaint be dismissed.
12. To prove the case, Kamal Krishan Batta has tendered his affidavit,Ex.CA and he has deposed as per the complaint,Exs.C1 and C3 are the tickets in question,Ex.C2 is legal notice,Ex.C4 is letter sent to Hon’ble Prime Minister,Ex.C6 is letter sent to Hon’ble Railway Minster,Ex.C7 is letter written by Chief Commercial Refund to the complainant . It is mentioned in the letter to submit the original tickets for further necessary action as without original ticket no action can be taken, Ex.C9 is the letter sending original tickets to Chief Commercial Manager (Refunds),Ex.D10 is the letter received from Chief Commercial Manager/Refund to the complainant, whereby he was requested to give the original tickets within 10 days,Ex.C11 is another letter to Hon’ble Prime Minister,Ex.C12 is cutting of news paper.
13. On the other hand Mr.Navika Assistant Commercial Manager tendered his affidavit, Ex.OPA and he has deposed as per the written statement,Ex.OP1 is Railway Claims Tribunal Act.
14. It is admitted fact that complainant Kamal Kumar Batta, Advocate had booked four tickets of train Chandigarh to Indore from Ambala to Ujjain for 1.4.2016 and  from Ujjain to Ambala  for 5.4.2016 and he being senior citizen as mentioned in para no.2 of the complaint, requested for the reservation of lower berth but the same was not allotted and cancelled the journey. He spent Rs.1165/- for the booking of ticket from Ambala to Ujjain and Rs.1750/- from Ujjain to Ambala cantt.
15. In the written statement filed by the OPs it is submitted that the computer clerk entered lower berth option in the passenger reservation system but computer allowed lower berths for returned journey from Ujjain to Ambala cantt and did not allot lower berth from Ambala to Ujjain.
16. There is a letter,Ex.C7 written by Chief Commercial Manager/Refunds to the complainant Kamal Kumar Batta dated 31.5.2016 vide which complainant was requested to return the original tickets. The original tickets were sent vide letter,Ex.C9 by Kamal Kumar Batta to Chief Commercial Manager, New Delhi.In the letter, it is clearly mentioned that the complainant is sending both the original tickets for up and down for further necessary action. So it is clear that after letter 31.5.2016 was received by the complainant, on 4.7.2016 original tickets were sent to the railways but the railways wrote another letter dated 5.7.2016 demanding original tickets. So despite the fact that original tickets were sent to the railways and journey was cancelled, the railway has not returned the money.
17. This Forum has got the jurisdiction to try the suit as there is relation of consumer and service provider between both the parties. When the railway tickets were booked from Ambala to Ujjain and from Ujjain to Ambala and also when the journey was not undertaken by the complainant, so the railway is bound to return the price of the booked tickets.
18. So due to our above discussion, the complaint stands partly allowed and the OPs are directed to refund the amount of Rs.3415/-price of booked tickets alongwith interest @6% per annum from the date of cancellation and also to pay Rs.5000/- as compensation and costs of litigation. Compliance of the order be made by the  OPs within a period of 45 days from the date of the receipt of the certified copy of this order.

ANNOUNCED

DATED:1.4.2021         

                   Y.S.Matta         Vinod Kumar Gulati       Jasjit Singh Bhinder

                    Member                 Member                                  President