SRI BIJAYA KUMAR DAS,PRESIDENT:-

                            Deficiency in service in respect of non-cancelation and non-refund of complainant’s Railway ticket fare and lack of  other facilities on the Railway Extension booking counter are the allegations arrayed against Ops.

2.                  Complaint, in brief reveals that complainant is serving under Central Industrial Security Force(CISF) at Farraka, West Bengal. Complainant was on leave and had a plan to visit Shiridi booked ticket from Durgapur Railway Station to travel Bhubaneswar to SaiNagar on train No.18907 on date of Journey on 15/05/2015 vide ticket No. 8789083 with PNR No.- 6741208923 on payment of Rs.1240/-. At the time of purchase of tickets the status of the complainant was a waiting list passenger. It is also stated that for the return journey complainant booked ticket in AZADHIND Express, bearing train No.-12129, the destination of journey was KOPARGAON Railway station to Durgapur on 19/5/2015the ticket was purchased from Durgapur Railway station on payment of Rs. 1240/-. It is further stated that complainant’s journey to Siridi on 15/05/15 on train No.-18407 was scheduled to be depart on 11.45 PM and from the date of booking for reservation position was ‘wait listed’ on checking through internet. On the said date of journey at about 8 pm, complainant received a message that his status of reservation was changed from ‘waiting’ to ‘confirmation’. As  the complainant was staying 145k.m. away from the departing station, he could not catch the train on time and decided to cancel both the tickets, i.e. from Bhubaneswar to Sai Nagar and KOPARGAON to Durgapur Railway station. On 16/05/2015 when complainant request the booking office located at Kendrapara to cancel the said tickets. The booking clerk canceled to the ticket booked from the kopargaon to Durgapur and refund the amount but refuse to cancel the ticket meant to travel from Bhubaneswar to Sai nagar and did not refund the amount. On cancelation of ticket from Bhubaneswar to Sai nagar complainant demanded a written clarification/acknowledgement from the said booking clerk who remained callous to the request of the complainant. One Sudhansu Kumar Mohanty witnessed the conversation between complainant and booking clerk. Complainant shocked on the behavior of the booking clerk(OP No.2) and wanted some drinking  water as he had to travel 60 kms to reach the booking counter. It is also alleged that there was no parking place, no-drinking water, no- waiting place, no toilet facilities for the ladies and complainant like persons are failing a lot of difficulties on the summer season. It is presented that complainant faced a double misery by non-refund of ticket fare and non- availability of basic facilities, which gave financial loss and mental agony which compelled  to file this complaint with prayer that a direction may be given to OP No.1 &2 to refund the fare of the ticket from Bhubaneswar to Siridi with simple rate of interest and direction to Op No. 1 the Railway authorities to develop a mechanism to inform the waitlist passenger to be informed well   ahead     to avoid the shortcomings and further direction to Op No.3 the Collector, Kendrapara to provide basic facilities to the passengers with compensation of RS. 50,000/- for mental agony and financial loss.

3.         Being Noticed Op no.1, Deputy General Manager(Commercial), Eco. Railway and Op no.2, Booking clerk, Railway Extension booking counter, kendrapara appeared through their Ld. counsel Mr. A.K. Mohanty and filed joint written statement denying the allegations in a formal manner and submitting the facts it is stated that complainant purchased system generated tickets at Durgapur Railway station by train No. 18407, date of journey 15/5/2015 vide ticket No.-60890834 and PNR No. 674-1208923 from Ex. Bhubaneswar to Sainagar Siridi and his return ticket date of journey 19/5/2015 train No. 12129(AZADHIND express) from Kopargaon Railway station to Durgapur Station. The departure timing of train No. 18407 dtd. 15/5/2015 was 11.45 PM from Bhubaneswar Railway station. The complainant on 16/5/2015 approached the booking clerk, Railway extension counter,Kendrapara  to cancel these two(2) tickets. Though the booking clerk cancel the return ticket with date of journey, 19/5/2015 but denied to cancel the ticket in train No.18407 which was scheduled to be depart on 15/05/2015 at 11.45 PM from Bhubaneswar. It is averred that as the ticket produced on 16/5/2015 for cancelation same could not possible as it was presented after two(2) hours of actual departure of the train. In clause(2) of Rule’6’ “ No refund shall be granted in the reserved ticket if it is surrendered for cancelation after 2 hours of actual departure of the train.” Copy is filed as Annexture-I. It is further averred that the collector, Kendrapara is responsible for administrative control and responsible for providing facilities the complaint is liable to be dismissed against OP No.1&2.

                        Op no. 3 , Collector, Kendrapara appeared through Ld. Govt. Pleader and filed written statement stating that Railway Deptt. is administrated by Govt. of India and the state Govt. has no role to play in the affairs. As per the allegation it is averred that the railway extension booking is situated near official building of the Collector, Kendrapara and a lot of place is available for parking and within a radius of 5 sfts, safe drinking water and toilet facilities are available for gents and ladies passengers. In the circumstance the allegations are not legally sustainable before eye of law and the complainant may be dismissed.

4.                     Heard the ld. Counsels for Ops and case of the complainant on merit and gone through the documents like photocopies of Railway tickets. Copy of agreement executed between OP No.1&3. The admitted facts of the case are that complainant purchased two tickets from Durgapur Railway station. The first date of schedule of journey was 15/05/2015 from Bhubaneswar. In the second ticket the return journey was scheduled to be on19/052015 on train No.12129 on AZADHIND EXPRESS and the destination of journey was Kopargaon Railway station to Durgapur . It is further admitted that, though the complainant’s  ticket in train No.12129 was canceled but the cancelation of scheduled date of journey i.e, on 15/5/2015 on train No. 18407 was not possible at Railway extension booking counter located at Kendrapara.

            The allegations of the complainant are 2 fold in nature. At first it is alleged that due to delayed information of the reservation position of complainant which was changed from ‘wait listed’ to ‘confirmed’ received by the complainant at about 8pm on 15/5/2015 in train No, 18407 which was scheduled to be depart from Bhubaneswar at about 11.45pm as the complainant was staying 150 km away from Bhubaneswar, he could not catch the train in time. On the next date i.e, 16/05/2015 complainant rushed to the Railway extension booking centre located at kendrapara to cancel his tickets in train No. 18407 and train No. 12121 destination from Kopargaon to Durgapur was canceled, but the booking clerk denied to cancel the ticket in train No.18407. The second allegation is when the complainant arrived in the Railway extension booking centre in the summer season after travelling a distance of 50 kms, he did not find any parking place, drinking water, waiting space and toilet facilities near the counter, hence alleged deficiency in service by the Ops and claims compensation for mental agony. In support of his claim complainant filed Xerox copy of Railway ticket in train No.12121 which was canceled and Xerox copy of Railway ticket in train No.18407 which was not canceled. The Eco. Railway (Ops) stand is that as the complainant passenger produced the ticket on 16/5/2015 at Op no.2’s counter for cancelation same could not be possible as per Rule 6(2) of the notification of MINISTRY of Railway, according to the terms” No refund shall be granted on the reserved ticket if it is surrendered for cancelation after two hours of the actual departure of the train”. Admittedly, the Railway ticket purchased for  train No.18407 which was scheduled to depart from Bhubaneswar on 15/5/2015 with actual time 11.45PM and complainant produced the ticket at OP No.2’s counter on 16/5/2015, Hence the booking clerk of Railway extension counter, Kendrapara, OpNo.2  has not committed any error by not cancelling on following the above rules on this aspect Op-Railway authorities have not committed any deficiency in service. Complainant alleges that as he received the ‘confirmed’ message at about 8 PM on dtd.15.05.15. The date of journey and he could not catch the train as the message received  was too delay to catch the train. The written statement of OP-East coast Railway is completely silent in this regard. However, during course of argument Ld. Counsel for Eco. Railway (OP No.1 & 2) submitted that it is the duty of the complainant like passenger to update his bearth position by using the PNR Number allotted in the ticket, Ld. Counsel further submitted that the final allocation of berth is released on preparation of ‘chart’ which is released normally 4 hours before the actual departure time of the train. We, agree with the submission of Ld. Counsel and opine that in a modern age when the technology are developed it is equally the duty and responsibility of the passenger to check/verify his reservation position to avoid any last time difficulties. Hence, the OP-Railway authorities as per the admission of the complainant sent the message at 8 PM which is almost 4 hours before the departure of the train No.18407 from Bhubaneswar, in our opinion the OP-Railway can not be liable for any negligence or deficiency in service. Further, the complainant prays for a direction to the Railway authorities to develop a mechanism to inform its passenger well in ahead, in this aspect we left the issue to the Railway authorities to consider the specific grievance without any direction.  Complainant’s second allegation relates to non-availability of basic facilities like drinking water, toilets, waiting rooms at  the Railway extension counter at Kendrapara, which gives him further mental torture on the summer season i.e, dt. 16/5/2015   as  he has covered 50kms to arrive in Kendrapara to cancel his tickets. Op. Railway authorities in their written statement state that  they are no way connected to the allegation, as per the agreement/ MOU between the state Govt. the local civil administration has to provide the basic facilities to the passengers. In support, OP- Railway authorities presented a copy of the MOU signed between Divisional Railway Manager, Eco. Railway  and on behalf of the State Govt. the executive Officer, Kendrapara Municipality. The said agreement was valid from the date 2/6/03 to 01/06/2005, nothing is produced before the from that the said agreement has been renewed  or valid till-date. The written statement of Op No.3, the collector. Kendrapara reveals that facilities like parking, drinking water and toilets for ladies are available within 5fts distance of the said Railway counter. During course of argument Ld. Govt.Pleader submits that  every steps has been taken like providing drinking water, toilets. parking place, waiting space are available within the collect orate Campus, as the Railway extension booking is adjacent  to the collect orate campus and the office of the Collector opens at 10 AM, the passengers can avail the same and there is no difficulties. In this regard this Forum is of the unanimous views  and not accepting the submissions of Ld. Govt. Pleader, as the Railway extension booking counter opens  from 8AM and passengers and their relatives arrived much prior to opening of the counter. As it is the single Railway booking counter of the Dist. a large number of publics depended on the said booking counter, accordingly a heavy rush can’t be avoided. As per the Para-XI  of the agreement clearly speaks that the sanitation of the building and surrounding area will be done by the state Govt. The plea of the facilities given by the Op no.3 to the passengers and public of Kendrapara according to us are not adequate, it should be more systematic and passenger friendly. As the complainant -passenger did not produce any evidence of non-availability of basic facilities,no compensation can be imposed on Op No.3, the Collector, Kendrapara. However as the specific allegation  relates to the interest of public at large of Kendrapara District, we suggest the Op no.3, the Collector, Kendrapara to make necessary arrangement of Providing parking place, waiting space, toilet facilities, safe drinking water and location of the Booking counter to be located  in a road side place  for better accessibility to the prospective passenger and their relatives within 3 months of receipt of the order.

                     With aforesaid observation, we disposed of the complainant without any cost.

                            Pronounced in the open Court, this the  21st    day of December,2016.