This petition has been filed u/s. 12 of the Consumer Protection Act, 1986. The case of the complainant is that he had purchased two railway tickets from New Alipurduar Station PRS counter for his journey on 12/11/2016 and 13/11/2016, the PNR No.  of two tickets are 8149960529 and 6157172302 respectively.

                                      Due to the demonetization of the Govt. regarding cancellation of one thousand and five hundred rupee notes from the midnight of 08/11/2016 the complainant had to cancel of his schedule journey. The complainant surrendered his above two tickets at the railway PRS counter at New Alipurduar Station counter on 10/11/2016. The O.P No. 1 who was on duty on PRS counter of New Alipurduar railway station at the relevant point of time issued to ticket deposit receipt  for cancellation of his aforesaid two confirm tickets. On 10/11/2016 at the time issuing ticket deposit receipt the O.P No. 1 told the complainant that due to shortage of cash refund amount will be deposited in his bank account and accordingly the complainant submitted his bank account number with IFSC Code which are mentioned in the said ticket deposit receipt.  After lapse of two years the railway authority has not yet the surrender value of two cancellation tickets of complainant of Rs. 2,050/- to his bank account. The complainant in several occasions visited the New Alipurduar Railway Station PRS counter but no result was forthcoming. The complainant wrote a letter to the N.F. Railway on 30/11/2018 stating all the facts and also claim the said refund amount but the railway authority did not bother to reply the letter to receive in his office.  Finding no other alternative the complainant filed his case for his claim of Rs. 2,050/- along with compensation for his harassment and litigation cost. According to the complainant there is deficiency of service from the side of the O.Ps.

                                      The O.Ps have submitted their written version wherein he has denied all the allegations against him. They have admitted that the complainant return his tickets and ticket deposit receipt was issued in his favour. He further stated that one correspondence was made through a letter dated - 09/09/2019 with the Dy. Chief Commercial Manager, N.F. Railway with a request to inform details about the refund, in response the office of Chief Commercial Manager /FM (Claims) N.F. Railway informed that no claim letter was found received at their office as passenger and as such no claim registered at their office. The ticket deposit receipts collect by their office are lying unconnected in ticket deposit receipt bundil. They further stated that Railway Authority has no laches from their part and as the passenger did not file his claim letter. So, the O.Ps did not refund the claim amount.

                            In this context, the following issues are necessarily come up for consideration to reach just decision of the case.

                                                POINTS FOR CONSIDERATION

           Is the complainant a consumer u/s.2 (1)(d)(i)(ii) of Consumer Protection Act ?

           Has this Forum jurisdiction to try the instant case?

           Is there any deficiency in service on the part of the O.P?

           To what other relief/reliefs the complainant is entitled?

         DECISION WITH REASONS

                             Point Nos. 1 and 2:- According to the Act the complainant is a consumer as because he has purchased the railway tickets from the authorized railway counter and thereafter returns the same to the said counter but no refund was made till now from the side of the O.Ps regarding his cancel tickets. So, it appears that the complainant being a consumer is entitled to get relief from this Commission.

                             Point No. 3:- In this case it is an admitted position that the complainant purchased a reservation ticket from the O.P concern and thereafter he cancelled his two tickets to the O.Ps and the ticket deposit receipt was issued in favour of the complainant. It also appears that the complainant supplied his bank account number and IFSC Code which is mentioned in the said ticket deposit receipt but after lapse of several years no refund was made from the side of the O.P. It also appears that the complainant wrote a letter to the Sr. Divisional Commercial Manager. N.F. Railway regarding his claim on 30/11/2018 but no reply was made from the side of the O.Ps. O.Ps have admitted that the two reservation tickets were cancelled by the complainant on 10/11/2016 and two ticket deposit receipts  were issued from the counter of O.Ps at New Alipurduar. It also appears from the case of the O.P that as the passenger did not submit formal claim letter the refund was not made. It is very much unfortunate that when the ticket deposit receipt was issued the complainant was not informed from the railway counter that he has to submit the formal claim letter. It also appears that the letter received by the Divisional Commercial Manager issued by the complainant no reply was made from their end or no intimation was given to the complainant that he has to file formal claim letter.  It was not possible to know the complainant that formal claim will be submitted unless he was informed. We find that there was definitely a deficiency in service from the part of the O.P regarding not informing the complainant to submit the formal claim letter or refund the amount mention in the ticket deposit receipt since 10/11/2016. The complainant visited the PRS counter at New Alipurduar Railway Station for his refund amount. But excepts harassment he is not getting anything from the side of the O.Ps. There is very much laches from the part of the O.P and deficiency in service. The O.Ps are bound to pay the said refund amount along with the interest from 10/11/2016 to till the payment of the said amount along with RS. 20,000/- as  compensation for his harassment , mental agony  and sufferings etc. which he has received from the side of the O.Ps and to pay Rs. 5,000/- as  litigation costs  to the complainant and the complainant is entitled to get the relief in this case.

After considering all these facts we find that the complainant is entitled to get as prayed for.

                       Hence, for ends of justice, it is,

                                                                       ORDERED

                        that the instant case be and same is allowed on contest against the Opposite Parties with costs.

                        The complainant will get Rs. 2,050/- as refund amount along with the interest accrued from 10/11/2016 to till realization of the said amount. The O.Ps are directed to pay the said refund amount along with 6% per annum with interest accrued on that amount till the payment is made. The O.Ps are further directed to pay Rs. 20,000/- for his harassment, mental agony and sufferings and Rs. 5,000/- for his litigation costs. All the Opposite Parties are hereby directed to pay the decreetal amount to the complainant within 30 days from this day, failing which legal action will be taken against them for realization of the amount.

 Let a copy of this final order be sent to the concerned parties through registered post with A/D or by hand forthwith for information and necessary action.           

Dictated & Corrected by me