Delhi

East Delhi

CC/627/2014

SANJEEV NIRWANI - Complainant(s)

Versus

EASTERN RAILWAY - Opp.Party(s)

31 May 2019

ORDER

                DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi

                 CONVENIENT SHOPPING CENTRE, 1^st FLOOR, SAINI ENCLAVE, DELHI 110092

                                                                                                 Consumer  Complaint no.      627/2014                                              

                                                                                                 Date of Institution               14/07/2014

                                                                                                 Order reserved on               31/05/2019

                                                                                                 Date of Order                       03/06/2019 

                                                                                                       

In matter of

Mr. Sanjeev Nirwani  

S/o  Sh. S C Nirwani  

R/o  22 Mausam Vihar, Nr Gagan Vihar, Delhi 110051 …..…………….Complainant

                                                       

                                                                          Vs

1-M/s The Manager,

IRCTC, 9^th Floor, Bank of Baroda Building,

16, Parliament Street, New Delhi 110001

 

2-The General Manager,

Eastern Railways

17, Nr Fairy Place, Neta Ji Subhash Rd, Kolkata 700001…….…………….Opponents

 

Complainant’s Advocate             Mr Harmesh Kumar

Opponent’s advocate                  Mr ijendra Mahndiyan & Pankaj Singh

 

Quorum                                         Sh Sukhdev Singh      President

                                                        Dr P N Tiwari              Member

                                                        Mrs Harpreet Kaur    Member                                                                                                     

 

Order by Dr P N Tiwari, Member 

Brief Facts of the case                                                                                                

Complainant booked one ticket for self from New Delhi to Kolkata on 08/01/2014 by Rajdhani Express train no. 12302 vide PNR no. 22538204621 and return for self on 09/01/2014 by same train no. 12301 vide PNR no. 6125993721 and paid ticket cost Rs 4220/-and for his friend from Allahabad to Kolkata vide PNR no. 2616501494 and return by the same train no. 12301 vide PNR no. 6722632734 and 12302 and paid Rs 2940/ (Ex CW1/1to4). The booked tickets were RAC and got confirmed as train was running late. It was stated that the train reached Kolkata on 09/01/2014 at 1630 hours instead of 0955 hours.

Due to maximum late train, complainant cancelled both the return tickets and submitted TDR with the reason that train was late over three hours. Complainant also booked Tatkal tickets which could not get tickets. The TDR amount was refunded Rs 2100/-against 4220/-and Rs 1465/- against 2940/ (Ex CW1/5&6). Seeing deficient services of OP by not refunding full amount, filed this complaint and claimed entire amount paid to OP as Rs 7204/- with compensation for mental harassment Rs 50,000/-.

 

After receiving notice, OP1/IRCTC filed written statement and denied all the allegations leveled   against them. It was stated that the present OP1 was a mere facilitator of services provided on behalf of Eastern Railways to all those who wish to reserve their tickets as per the terms and conditions set by the Indian Railways. It was also stated that the moment ticket was booked as confirmed or RAC /wait listed, passengers / customers amount goes in the account of the Railways and if tickets were not confirmed or refund was sought by the passenger, the amount gets transferred in the account of the person who reserve the ticket from his/her ID after deducting some service charges as per the terms set by the Railways. It was also stated that refund had been done as soon as TDR was received on 09/01/2014 and amount was credited in customer’s account on 15/01/2014 and on 18/01/2014 by Indian Railways through payment gate way, hence there was no role in refunding amount by OP1. So this complaint had no merit and OP1 may be exempted from the array of party.

 

OP2/ Eastern Railway/OP2 could not file their written statement due to wrong noting of date and were proceeded Ex Parte. So OP2 filed Revision Petition vide no. 26/2015 before Honble State Commission, Delhi and Ex-Parte order dated 15/04/2015 was set aside with cost (Ex OPW2/1).

 

OP2/Eastern Railway submitted written statement as per order of State Commission and denied all allegations put by complainant pertaining to non refund of full ticket amount. It was submitted that no cause of action ever arisen in Delhi or under this Forum jurisdiction as per law laid down in Sonic Surgicals vs National Insurance Co. Ltd. 2010 CPJ 2 SC. As complainant cancelled his train journey from Kolkata to Delhi, so cause of action arisen at Kolkata. The main allegation of train delay was more than three hours was due to extreme FOG on Eastern Railway track on entire eastern, belt and maximum trains were cancelled or got delayed and this cause was not a deficiency or intentional reason of OP2 rather it was a clear directions to all train drivers to take passengers safety first and speed of all trains including superfast, Rajdhani premium trains speed gets slowed down to avoid accidents.

More so, it was Fog advisory issued every year from mid December to January by Indian Railways to avoid accidents and safety of passengers which results maximum slowed down of speed, so that passengers could plan their travel time accordingly. It was further stated that     complainant cancelled their journey from Kolkata to New Delhi on 09/01/2014 where complainant reached Kolkata station by Rajdhani train from New Delhi which got late over three hours. Complainant cancelled confirmed tickets on 09/01/2014 at 4.09 pm where train departure time was 1655 hours. After filing TDR, refund of 50% ticket amount was initiated as per E-ticket refund rules. So it could not be said to be a deficiency in services of OP2.

Further it was stated that under these Fog days, complainant had planned their return journey either one day later or according to their convenience, but cancelling confirmed tickets just before departure of train which was in time, refund was as per rule. It was stated that complainant was aware that train was running about 7 hours late and he could not board the train on next day ie 09/01/2014. So this complaint had been filed before the Forum which did not had jurisdiction but only to harass OP2. Hence, complaint may be dismissed.  

 

The complainant submitted his rejoinder to the written statement of OP1&2 and denied reply submitted by OPs. He stated that after submitting TDR, 50% amount was deducted illegally whereas when train got late more than three hours, full amount was to be refunded. It was well known to OPs that train was late by seven hours, so complainant deserves full refund. Complainant stated that Delhi was one district and this Forum had territorial jurisdiction as journey commenced from New Delhi and ended at New Delhi. So, OP2 were wrong to state such allegations. Hence, complainant deserves full refund with compensation also.

Complainant also submitted evidences on his own affidavit and reaffirmed on oath that all his evidence were correct and relied on evidence of tickets (Ex CW/1&2) and stated that all his facts in his complaint were correct and true, so he was entitled for full refund. 

 

OP1/IRCTC submitted their evidences on affidavit through Mr Anand Kumar Jha, Dy. General Manager and affirmed on oath their facts in written statement with evidences were true and correct. OP1 role was stated clearly which works on the terms and conditions set by the separate identity as Indian Railways and all the booking amount which used to be paid by the booking person reaches in the account of Railways. All booking and refund process were done automatically by Indian Railway portal. Their work was on PRS system through server and with internet connectivity. So, neither OP1 nor OP2 could be made liable for any deficiency in their services and present complaint was not filed with true and correct facts by the complainant. It was also stated that complainant had received refund amount against their confirmed tickets as per TDR Refund Policy where 50% was maximum when TDR was filed just before departure of scheduled Rajdhani Train from Kolkata Jn. to New Delhi (Ex OPW1/1&2). So there was no deficiency in services by OPs and relied on all evidences submitted.

 

OP2/Eastern Railway also submitted their evidences on affidavit through Mr Nikhil Kumar Chakravarty Sr. Commercial Manager with OP2 and affirmed on oath their facts in written statement with evidences were true and correct. OP2 stated that as per Railway Board’s circular no. 60/2005 dated 28/12/2005 Zonal Railway under which destination station of train falls, would deal the refund of e-ticket. PNR for which refund being claimed were for the train no. 12301 (Howrah New Delhi Rajdhani Express which terminates at New Delhi, so New Delhi would be the jurisdiction for Northern Railway, so Eastern Railway had no role in refund.  It was stated that Fog Advisory in the month of December to January every year and was widely advertised through electronic media as well as print media for all persons who may utilize ticket reservation services.

It was stated that train had reached late due to fog problem and delay was intimated well in advance at New Delhi Station and OP2 always put advertisement in electronic and print media, more so TDR was filed for onward journey from Kolkata Jn to New Delhi Rajdhani Express 12301 which had scheduled departure at 1655 hours and complainant had confirmed tickets, but cancelled tickets at 1609 hours when train was about to depart. The said train had neither delay in departure nor cancelled. So under refund policy e-tickets just before departure of train 12301 refund was only payable 50% as per e-ticket TDR rules and was credited in the complainant’s account ID. There was no question to refund full amount, hence there was no deficiency on their services and this complaint be dismissed.  

OP2 also submitted written submission stressing no deficiency in their services and their work was based on rules and regulations of Indian Railways. Taken on record.     

Arguments were heard from both the party counsels and after perusal of file, order was served.

 

We have scrutinized all the facts and evidences submitted by the parties. It was evident that complainant had booked two tickets well in advance 20/12/2014 for journey on 08/01/2014. OPs Fog advisory was also announced due to winter fog on Eastern route which was for train drivers to keep passengers safety and keep speed of the train slow. Fast running trains even had speed of 30 km/hours where there normal speed may be over 100km/hours.

Before coming to the conclusion, we have also gone through Fog advisory from Indian Railways specially on Eastern route and TDR process in e-tickets cancellation.

 

ECoR guidelines for coping with foggy weather-

In an automatic signal territory, the maximum speed of a train is restricted to 30 kmph and in absolute block territory it is 60 km/ph.

East Central Railway (ECR) has decided to take precautionary measures so that the least number of trains are affected by the foggy morning conditions that winter invariably brings.

Hence, ECR has decided to install the GPS-enabled Fog Pass pilot assistance system. The device helps the train driver to calculate the distance of the next signal and accordingly controls the speed of the train.

The device has been introduced with an aim to ensure safety of passenger and also to maintain punctuality of trains during the winter season, specially along the Gangetic belt where the most number of trains are affected due to fog, including the Rajdhanis. “ECR has installed this device in all the mail, express and passenger trains. We will install the device even in goods train by the end of this year. This will help us in maintaining punctuality.”

The device can alert the loco pilot 1,200 meters before the approaching signal. The device shows the route and alerts the loco pilot through sound and accordingly the driver controls the speed so that the train does not overshoot the signal. To make the signal clearer, ECR has decided to paint signal sighting boards and fog signal posts in shining black and yellow. The maximum permissible speed by the railways in foggy condition is 60 kmph.

All station masters and loco pilots have been asked to inform the control room in case of foggy condition after checking the situation with the visibility test object, the black and white iron pole set up near the railway tracks 180 meters from where the station master sits.

Refund Rules and TDR Filing w.e.f. 12-NOVEMBER-2015

 

Authority:- Railway Board letter No. TCII/2003/2015/Refund Policy/1 dated 06-Nov-2015.

The Gazette of India Notification Dated 04-Nov-2015.

Ticket Booking/cancellation Hours: 00.20 HRS to 23.45 Hrs.

 

Refund Rules:- (i-ticket & e-tickets)

Online TDR shall be filed within the time limits all refund will be processed as per Extant Railway Refund Rules:

a)-Cancellation Charges for Confirmed Tickets: - Cancellation Charges for Confirmed Tickets: -The amount deducted is based on the time of cancellation and the status of your explanations is given below: -

a)-Ticket –Class of your ticket Flat Cancellation charges per passenger

AC First/Executive Class Rs.240 plus GST

First Class/AC 2 Tier Rs.200 plus GST

AC Chair Car/AC 3Tier/AC 3 Economy Rs.180 plus GST

Sleeper Class Rs.120

Second Class Rs.60

 

(b) If the ticket is presented for cancellation 25%(twenty five) percent of fare subject between forty eight hours and up to the minimum of the cancellation charge twelve hours before the scheduled referred to in clause 1(a) plus GST departure of the train applicable for all AC Classes.

 

(c)If the ticket is presented for cancellation 50% (Fifty) percent of fare subject to a within twelve hours before the scheduled minimum of the cancellation charge departure of the train and up to four referred clause 1(a) ) plus GST hours before the scheduled departure of applicable for all AC Classes the train irrespective of distance

 

(d) No refund of fare shall be admissible on the ticket having confirmed reservation in case ticket is not cancelled or TDR not filed online up to FOUR Hours before the scheduled departure of the train.

e) No refund of fare shall be admissible on RAC e-tickets in case the ticket is not cancelled or TDR not filed online up to thirty minutes before the scheduled departure of the train.  

 

After perusing evidence Ex CW1/1 &2, all the contents are clearly visible and there is no deficiency seen of OPs. We have also gone through e-tickets cancellation rules of Indian Railways where departing train had no delay and ticket was cancelled just before departure, deduction was justified by OP2. Hence, we are of the opinion that this complaint is devoid of any merit and the same deserves to be dismissed so dismissed with cost Rs 1000/- to be deposited in East Delhi Legal Aid account maintained by DLSA East at Karkarduma Court within 15 days from receiving order.  

 

The copy of this order be sent to the parties under the Regulation 18(6) of the Consumer Protection act, 1986 (in short Act) and file be consigned to the Record Room under Regulation 20(1) of the Act.

 

 

(Dr) P N Tiwari,  Member                                                                            Mrs Harpreet Kaur, Member

 

                                                          Shri Sukhdev Singh  President