Sri Devakumar.M.C.

Member

1.     The complainant has filed the complaint under section 12 of the C.P.Act 1986, against the opposite party, seeking a direction to refund of `328/- being the fare for the journey between Bangalore to Mysore on 09.03.2015, by Air conditioned coach of Tippu Superfast Express Train, on the ground of failure of A.C system in the coach and compensation for a sum of `50,000/- towards the mental agony, deficiency in service, cost of the proceedings and other reliefs.
2.     The complainant got booked a ticket, for the journey between Bangalore to Mysore, through online ticket booking system IRCTC, of opposite party the complainant, soon after entering in side the A.C coach, realized non-functioning of A/C system and complained the same to the A/C mechanic.  The attempts made by the mechanic to set right the defect could not materialized till the train reaches Mysore.  Alleging the inconvenience caused on account of failure of A/C system, the complainant demanded for refund of the fare, for which the opposite party authorities got issued a certificate for refund of the amount.  The claim for refund was repudiated across the counter.  As such aggrieved by the attitude and deficient services, the complainant filed this complaint seeking reliefs.
3.     The opposite party admitted the failure of A/C system in C1 coach of the Tippu Superfast Express Train travelled on 09.03.2015 from Bangalore to Mysore and also the attempts of the mechanics to rectify the defects.  It also admits the issuance of a refund certificate to the complainant and repudiation of claim amount across the counter.  The A/C system was functioning normal when the train travelled from Dharwad to Bangalore, due to normal wear and tear the problem occurred and same could not be rectified in a short time.  As such, the opposite party contended that the inconvenience was unintentional.  Hence, opposite party is not liable for any compensation to the complainant as such, prays for dismissal of the complaint with cost.
4.     To prove the allegations the complainant lead his evidence by filing an affidavit, and supported with several documents.  The opposite party denying the allegations did not come forward to lead its evidence.  The complainant filed written arguments and oral submissions made.  The opposite party did not file the written arguments nor oral submissions made.  On perusal of the material on record posted for orders.
5.     The points arise for consideration of this Forum are as follows:-

1. Whether the complainant proves the deficiency in service on the part of the opposite party and thereby he is entitled for the reliefs sought?
2. What order?

6.    Our findings on the aforesaid points are as follows:

Point No.1 :- Partly in the affirmative.

Point No.2 :- As per final order for the following

:: R E A S O N S ::

7.    Point No.1:- The complainant a frequent commuter between Mysore to Bangalore, booked a ticket through online IRCTC for the train No.12614 – Tippu Superfast Express for the journey from Bangalore to Mysore on 09.03.2015 at 3.00 PM, bearing seat No.1 of coach C1 of Air conditioned chair car by paying a sum of `328/-.  The doors of the coach was closed for cleaning/maintenance and the passengers were allowed to board the coach at 3.15 PM.  The complainant noticed high temperature inside the A/C coach, complained to the concerned TTE and to the A/C mechanic, who inturn replied the temperature will come down in next 15-20 minutes.  Even after the lapse of 30 minutes of departure, the temperature remained same inside the coach.  Unable to bear the high temperature, the complainant was forced to stand near the door for fresh and cool air till the train reaches Mandya around 5.00 PM.  The A/C system was started tripping and the lights went off due to bad supply of electrical power.  The complainant and few co-passengers unable to sit inside the coach, travelled by standing near the door of the C1 coach, till the train reaches Mysore.  On complaining the defects, the opposite party authorities got issued a certificate, for claiming refund of fare on account of failure of Air conditioning equipment in Air conditioned coach, bearing No.0146301 dated 09.03.2015 signed by the TTE.  The request for refund of the amount was repudiated for the reasons, the ticket was booked through IRCTC, as such the claim has to be honoured by IRCTC only.  Aggrieved by this attitude of the opposite party authorities, towards the passengers and the complainant, filed the complaint seeking reliefs, alleging deficiency in service on the part of the opposite party.
8.    The opposite party denied the allegations in its version and submits, the mandatory notice under section 80 of C.P.C has not been served on opposite party, as such complaint is liable to be dismissed.  The opposite party admitted the booking of ticket through IRCTC.  The passengers were allowed to board the coaches only after cleaning/maintenance at Bangalore.  The opposite party submits the coach arrived to Bangalore from Dharwad covering about 440 Kms and there was no complaint by any of the passengers and hence denied the allegations of malfunctioning of Air condition system in that coach.  The opposite party admitted the failure of air condition system and tripping of electrical power supply.  Further, the opposite party admitted the efforts of mechanic to rectify the defect in the system and his failure to set right the same.  As a result, the cooling was not effective.  Hence, on arrival to the Mysore city and on demand a low class certificate was issued for refund of fare.  Further, the opposite party contended, there was no provision for refund of entire fare.  But the refund restricted to the amount after deducting the 2^nd class fare from the total fare paid.  The opposite party submits, since the ticket was booked through IRCTC, the claim for refund has to be submitted to and by IRCTC only and not to opposite party.  As such submits there is no deficiency in service on its part and prays for dismissal of complaint with costs.
9.    From the above findings, the failure of Air condition system in A/C coach of the Tippu Superfast Express Train travelled on 09.03.2015 departing from Bangalore to Mysore was admitted by the opposite party.  Further the attempts made to rectify the defect and his failure to set right the Air condition system has been clearly admitted by the opposite party.  Further, the issuance of the lower class certificate for refund on account of coach establishes the existence of the defect in the A/C coach.  The repudiation of the claim amount on the ground of booking of ticket through IRCTC is not correct, IRCTC is a part of opposite party.  Therefore, the inconvenience caused to the complainant and the deficient service on the part of the opposite party is as alleged by the complainant is considered as true.  As such, the complainant is entitled for compensation from opposite party.    Accordingly, point No.1 is answered partly in the affirmative.
10. Point No.2:- In view of the above findings, we are of the view that the inconvenience caused has to be suitably compensated by the opposite party.  Accordingly, we hereby pass the following

:: O R D E R ::

1. The complaint is partly allowed.
2. The opposite party is hereby directed to refund the amount as per the prevailing rules, to the complainant within 60 days of this order.
3. The opposite party is hereby directed to pay a sum of `3,000/- towards compensation for the inconvenience caused and deficiency in service and shall pay a sum of `2,000/- towards the cost of the proceedings, to the complainant, within 60 days of this order.  In default, the opposite party shall pay a sum of `100/- per day as penalty, to the complainant until compliance is made.
4. In case of default to comply this order, the O.P. shall undergo imprisonment and also liable for fine under section 27 of the C.P.Act, 1986.
5. Give the copies of this order to the parties, as per Rules.