Date of filing:-15/01/2021. Date of Order/Judgement:-24/07/2023.
DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION,
B A R G A R H.
Consumer Complaint No. 11 of 2021.
Padmalaya Das, W/o. Lingaraj Das, aged about 59 years, resident of and Po. Katapali, Ps. Bargarh, District. Bargarh.
Complainant.
V e r s u s
Divisional Railway Manager (D.R.M.) Sambalpur, At/Po/Ps. Khetrajpur, Sambalpur, Dist. Sambalpur. Opposite Party.
Counsel for the Parties:-
For the Complainant :- :- Sri Prabhudatta Birtia with Associates.
For the Opposite Party :- :- Sri R.N. Dash, Advocate.
-: P R E S E N T :-
Smt. Jigeesha Mishra ..... ..... ..... ..... ..... P r e s i d e n t.
Smt. Anju Agarwal ..... ..... ..... ..... ..... M e m b e r (W).
Dt.24/07/2023. -: J U D G E M E N T:-
Presented by Smt. Jigeesha Mishra, President :-
- The Case of the Complainant is that the Complainant booked a railway ticket through Thipathy Tour and Travels Agency on 07/12/2019 to go to Ranchi from Sambalpur on 15/12/2019. The seat was allotted to him by Railway department vide CNF/B1/8/Side Upper in three tier A/c. When the Complainant reached at Sambalpur railway station, he came to know that the railway authority has cancelled the said train i.e. Train No. 18309/SBP JAT Express from Sambalpur to Rourkela and said train will go from Rourkela. The Complainant booked a car from Sambalpur to Rourkela to reach Rourkela to catch the said Train. Due to the deficiency in service of the Opposite Party the Complainant sustained heavy loss and suffered physical and mental agony.
Hence the Complainant filed this case before this Commission.
- The case of the Opposite Parties is that the Opposite Party filed its version and admitted that the Complainant booked a ticket vide PNR No. 6137900707. The Opposite Party submitted that due to NI work at BMB (Bamra) yard of CKP (chakradharpur) Division the train No. 18309 (SBP-JAT) EXP of Dt. 15/12/2019 was shortoriginate form Rourkela instead of Sambalpur by Order of railway department. It was published on daily news paper namely sambad on 13/12/2019 i.e. two days before the scheduled journey of the Complainant. Further information regarding cancellation of train was informed to the passengers through their registered mobile number. Hence there is no deficiency on the part of the Opposite Party.
- Perused the Complaint petition, version and document filed by the parties and following issues are framed:-
ISSUES
- Whether the Opposite Parties is deficient in its service?
- What relief the Complainant is entitled to get ?
Issue No.1:-
It is the admitted fact that the Complainant booked a ticket in train No. 18309 (SBP-JAT) Express for journey on 15/12/2019 from Sambalpur to Ranchi. It is also admitted fact that the train was cancelled from Sambalpur and started its journey from Rourkela on 15/12/2019. In these circumstances whether the Opposite Party is deficient for not giving information to the passangers. After perusal of record it reveals that the Opposite Party filed the document of publication about cancellation of train in Sambad paper. Further the Opposite Party also filed the message sent to the mobile number of the Complainant. As per record the message was sent on 15/12/2019 at 3:55 hrs. As per ticket submitted by the Complainant the train timing was 7:55 hrs. The railway department was well known about the cancellation of train before two days and published the matter on 13/12/2019. But the railway department informed the Complainant on the day of journey only 4 hours ago. When the Opposite Party was confirmed about the cancellation and published in newspaper why the Opposite Party has not informed the Complainant earlier. The Complainant is a resident of village Katapali of Bargarh district and a senior citizen. It is very difficult for a person to catch train at Rourkela especially for a senior citizen belongs to a village Katapali of Bargarh district. Information should be given at least 24 hours before journey. The Opposite party fails to provide proper service to the Complainant. Again the Opposite Party did not refund the fare from Sambalpur to Rourkela to the Complainant. The railway ticket was booked online and payment was made through online, hence the Opposite Party can refund the fare through online. The Opposite Party did not refund the fare from Sambalpur to Rourkela which amounts to deficiency in service on the part of Opposite Party.
The issue is answered accordingly.
Issue No.2:-
For Deficiency in service of the Opposite Party the Complainant is entitled to get relief. The issue is answered accordingly.
As per supra discussion the following order is passed.
O R D E R
The Complaint is allowed on contest against the Opposite Party. The Opposite Party is directed to refund the fare from Sambalpur to Rourkela to the Complainant within 30 days of this Order. Further the Opposite party is directed to pay Rs. 50,000/-(Rupees fifty thousand)only compensation for harassment and mental agony and Rs. 10,000/-(Rupees ten thousand)only for litigation expenses to the Complainant.
Failing which the entire amount will carry 12% interest P.A. till realization.
Order pronounced in the open court on 24th day of July 2023.
Supply free copies to the parties.
Typed to my dictation
and corrected by me.
I agree/-
( Smt. Anju Agrawal) (Jigeesha Mishra)
Dt.24/07/2023 Dt.24/07/2023
M e m b e r (w) P r e s i d e n t
