SMT. RAVI SUSHA: PRESIDENT

            Complainant filed this complaint for getting an order directing opposite parties to pay Rs.1,00,000/- to the complainant along with 12% interest together with cost of the proceedings of this case.

            Brief facts of the complainant’s case is that the complainant is a practicing lawyer  at Taliparamba Bar and also doing professional service in and around of the  other Bar in Kannur district and also attending courts at High Court of Kerala.  More over the complainant is the chairman of Kerala State Rashtriya Kissan Maha Sangh a co-ordination of 184 independent Framers organizations in India.  The complainant had to attend a meeting at New Delhi with his fellow members on 22/07/2021.  In order to attend the meeting the complainant booked 7 sleeper coach tickets from Kannur to New Delhi in train No.04559.  On 19/07/2021 as per the schedule train time, when the complainant and his fellow members, as passengers of Indian Railway, reached the Kannur Railway Station at 1.30 PM from where the ticket booked, they were informed by Railway Authorities through announcement that, the particular train will not reach or pass through Kannur Railway station on 19/07/2021 and the passengers were informed to reach to Shornur Railway Station to catch the train.  The complainant and his fellow members went to Shornur with much pain and strain and financial loss to board the train missed the train only due to the latches and irresponsible attitude from the side of opposite parties.  With much difficulty they again compelled to return back to Kannur on the same day and they went to New Delhi in another train by taking ordinary tickets. It is also submitted that , the complainant had also reserved train tickets for their return journey from New Delhi to Kannur on 23/07/2021 ie after attending the meeting on 22/07/2021 at New Delhi.  But when  they reached the New Delhi Railway station to  board the train on 23/07/2021, they were informed that the train was cancelled and they will get the reservation tickets in Kerala Express Train No.12626 from Bhopal.  So they hired Innova Taxi care and reached Bhopal Railway station and then board into the Kerala express.  But they didn’t get the reservation tickets.  The complainant and other travelled by standing  in general compartment by passing 3 railway stations and after the among them 4 passengers got the reservation and the other three got A/C reservation for a cost of rupees 9,200/- up to Palakkad. But from Palakkad to Kannur, the complainant and others had to take reservation at their own cost for travelling.  Though the reservation charges for return was reimbursed, the fare from Kannur to New Delhi is not yet given back.  By the breach of contract happened from the side of the OPs, the complainant and his fellow members suffered heavy financial loss, mental and physical agony due to the unexpected risky hazardous journey.  Hence this complaint.

            After receiving notices OPs 1 and 2 filed written version admitted that they admitted the averment in the complainant that the passengers were informed through announcement from Kannur railway station that Train No.04559 will not reach or pass through Kannur railway Station on 19/07/2021 and the passengers were informed to reach Shornur Railways station to catch the train.  These OPs submitted that due to heavy rain, seepage from the tunnel (Karmall Tunnel) between THV KRM/on KRCL Train No.04559 (KCVL-CDG) was diverted VIA, SRR,ED, KJM, PUNE, KJJ, PNVL considering the safety of the passengers.  This fact was given wide publicity through press, media, PA system and station notice board for the benefit of the passengers.  This fact was given wide publicity through press, media, PA system and station notice board for the benefit of the passengers.  The passengers whoever provided mobile numbers were intimated through SMS on their mobile phone.  Regarding the return journey of the complainant from New Delhi to Kannur on 23/07/2021, as the commencement of the journey is from New Delhi which falls purely within the administrative jurisdiction of Northern Railway.  There is no deficiency in service on the side of OPs.  Hence, prayed for the dismissal of the complaint.

            Based on the contention of OPs 1 and 2 that the case is bad for non-jointer of necessary parties, complainant has taken steps to implead OPs 3 to 5 as additional OPs and both of them were impleaded as per IA No.254/2023.

            After that additional OPs 3 filed version 4 and 5 jointly filed written version.

            OP No.3 admitted that the complainant has purchased tickets form IRCTC website.  In such cases, refund is processed and granted through IRCTC website.  IT is not clarified by the complainant that refund is processed/granted and complainant has requested for refund of tickets fare to the IRCTC.  The diversion of train was for the safety of passengers due to heavy rain, seepage form the Karmall Tunnel between THV KRM/ on Konan Railway Co-operation (KRCL).  This fact was given vide publicity through press, media PA system and station Notice board for the  benefit of the passengers.  The passengers whoever provided mobile number were intimated through SMS on their mobile phone.  As far as the issue of return journey concerns it is already mentioned by the complainant in his plaint that they boarded in train from Bhopal and not from Delhi as per their own choice and decision.  The same cannot be treated as deficiency in service and so complainant is not entitled for any compensation as prayed for.  Hence prayed for the dismissal of the complainant.

            OPs4 and 5 has stated that as per records available with IRCTC, compaliantnt booked 2 tickets with PNR No’s 4834470728  for 5 passengers and 4834588378 for 2 passengers for their journey on 19/07/2021 from Kannur to New Delhi in SL class.  Due to the reason that the train was diverted and it did not touch the boarding station at Kannur the complainant could not utilize the tickets booked.   Out of the 2 tickets to New Delhi, one ticket with PNR. No-4834470728 was neither cancelled nor online TDR was filed as per procedure and of PNR No.4834588378 an attempt was made by the user on the next day, ie, on 20/07/2021 to cancel the ticket but the cancellation did not materialize as the time limit for cancellation was over byte ht time.  As per Railway refund rules when train is diverted and if the train does not pass through the boarding station, online TDR should be filed by the customer within seventy-two hours of schedule departure of the train at passengers boarding station.  Complainant did not file TDR  for both these tickets as per rules and hence refund could not be processed.  IRCTC provides only the facility for transacting with Indian Railways PRS System through the Internet.  Further with regard to complainant’s grievance that no information or SMS was received towards train diversion are matters connected with railways and IRCTC has no connection with that.  There is no deficiency in service on the side of the OPs.  Hence, prayed for the dismissal of the complaint.

            At the evidence stage, complainant has filed chief affidavit and documents.  Examined as Pw1 and marked the documents as Ext.A1 to A13.  On the side of OPs 3 documents were produced and marked as Ext.B1 to B3.  After that the complainant made argument and the learned counsel of OPs filed written argument note.

            We have perused the documents available before us and also the submissions of both parties.

            Here the admitted facts are that the complainant booked 7 sleeper coach tickets as CNF/55/67 to 72 and CNF/52/51,53 from Kannur to New Delhi in train No.04559 and the scheduled date and time as 19/07/2021 at 3PM.  Further complainant also reserved return train tickets from New Delhi to Kannur on 23/07/2021.  Further train No.04559 had not passed through Kannur Railway station as scheduled on 19/07/2021. Complainant got information when the complainant along with his fellow members reached at Kannur Railway station for travelling in the said train.  Further it is a fact that complainant with others travelled from Kannur to Delhi on 19/07/2021 in another train.  Ext.A6 shows that complainant and others travelled from Kannur to Shornur in a train No.06306/CN ERS SPL on 19/07/2021 at 1.36 PM.  Complainant further alleged that for return journey when they reached at New Delhi Railway station on 23/07/2021 to board the train, it was informed by  the railway authorities through announcement that the train in which they  were booked for return journey, was cancelled from the New Delhi Railway station.  Also got information that, reservation tickets will be get in Kerala Express No.12626 from Bhopal.  So they hired an Innova Taxi car and reached Bhopal Railway station, but they did not get the reservation tickets, got only general compartment ticket, and after 3 railway station, among them 4  got the reservation and other got A/c reservation for a cost of Rs.9200 up to Palakkad.  From palakkad to Kannur they had to take reservation at their own cost.  It is submitted that the reservation charges for return ticket was reimbursed, but the ticket fare from Kannur to New Delhi is not yet received.

            OPs 1 and 2 contended that the train No.04559 was diverted, due to heavy rain, seepage from the Karmall tunnel and this fact was given wide publicity through press, media PA System and station notice board for the benefit of the passengers.  Also submitted that, the passengers who ever provided mobile numbers were intimated through SMS on their mobile phone.  So there is no deficiency in service on their part with regard said fact and so they are not liable to reimburse the tickets fare.  Here OPs 1 and 2 have no case that they informed complainant and his fellow passengers on message through the mobile phone.  According to OPs, mobile phone number is not available.  OPs produced Ext.B2 to show that wide publicity was given for the diversion of the train No.04559 due to heavy rain seepage from Karmali Tunnel.  ON perusal of Ext.B2, it is realized that said notice was issued by Headquarters office, Chennai, on 19/07/2021 (travelling day) at 11.44 AM and it was directed wide publicity may be given through  Press media, PA system and station notice board for the benefit of the public.  All the passengers of the trains should be intimated through SMS on their mobile phone”.

            Here OPs 1 and 2 though claimed that wide publicity was given in press media, PA system and station notice board, no material evidence was submitted by OPOs 1 and 2 about the publicity OPs 1 and 2 themselves admitted in their version that the averment in the complainant that the passengers were informed through announcement from Kannur Railways station that “Train No.04559 will not reach or pass through Kannur railway station on 19/07/2021 and the passengers were informed to reach Shornur Railway station to catch the train are all true and hence admitted by the OPs.”  More over, on perusal of Exts. A1 and A2 tickets for the travelling passenger,  mobile number is clearly mentioned.  Though in Ext.B2, there is a strict direction to intimate all the passengers of the train through SMS on their mobile phone, there is latches from the side OPs 1 and 2.  It is evident that the complainant and other co-passengers got information about the diversion of their train only when they reached at the station.  Travelling from Kannur to Shornur is not an easy going, it will take minimum 1 ½ hours by train itself.  Here though complainant and others reached at Shornur by other train, they got missed their train.  So they had to return travel to Kannur again and taken ticket in another train and travelled from Kannur to New Delhi on the same day.  It is alleged that they travelled by taking ordinary tickets.  If OPs 1 and 2 informed the diversion of train by SMS through mobile phone, just after getting the direction at 11.44 AM, by OPs 1 and 2 all the inconvenience caused to the passengers could have been avoided.

            In the return journey from New Delhi to Kannur also complainant and other passengers faced much difficulty due to the laches from the railway authorities in giving prior information.  It is an admitted fact the train ticket fare for their return journey was       reimbursed.  But due to the lack of prior information, they had to go to Bhopal by calling taxi  etc. and from Palakkad to Kannur by spending their own money. So by considering all the evidence, we are of the considered opinion that there is deficiency in service on the part of OPs 1 to 3.  Hence complainant is entitled to get relief.

            From the aforesaid facts and circumstances of this case, complaint is allowed in part.  Opposite parties 1 to 3 are directed to pay Rs.50,000/- towards train tickets fare from kannur to New Delhi in train No.04559 and other monetary loss and mental agony caused to the complaint.  Opposite parties 1 to 3 are further directed to pay Rs.10,000/- towards cost of the proceedings of this complaint.  Opposite parties 1 to 3 are jointly and severally liable to pay the awarded amount within one month from the date of receipt of the certified copy of this order.  Failing which Rs.50,000/- will carry interest @9% per annum form the date of order till realization.  Complainant is at liberty to execute the order as per provision in Consumer Protection Act 2019.

Exts.

A1&A3- Reservation train tickets (Kannur to Delhi)

A2&A4- Reservation train tickets (Delhi to Kannur )

A5&A6- Reservation train ticket (Kannur to Shornur)

A7-Excess fare ticket

A8&A9-Reservation tickets

A10-Legal notice

A11- Postal receipt –OP1

A12- Postal receipt –OP2

A13- Acknowledgement card

Pw1-Binoy Thomas-Complainant

B1-Press release of Konkan Railway Corporation

B2-E-mail sent from CPTM/SR to Pgt Division of S.Rly.

B3-Letter dated 25/07/2023 issued by DOM/PGT to Sr.DCM/PGT

     Sd/                                                                                  Sd/                                                         Sd/

PRESIDENT                                                                 MEMBER                                              MEMBER

Ravi Susha                                                               Molykutty Mathew                                     Sajeesh K.P

(mnp)

                                               /Forwarded by order/

                                                Assistant Registrar