This is an application u/s.12 of the C.P. Act, 1986.

          Complainant by filing this complaint has submitted that he purchased Railway’s tickets bearing No.KKKE No.54118324 for the journey from Dehradun to Howrah by 130 Dn on 25-05-2012 and it was in the waiting list being No.14 to 15 respectively and it was purchased at a consideration of Rs.1,932/- and that has been debited from the credit card account No.4377486984290401 of complainant no.1 but for some obvious reason he intended to cancel the same and for getting refund of the said amount of Rs.1,932/- but it is the allegation of the complainant that for that purpose he had been harassed by different station masters including Howrah Station Superintendent and ultimately he was asked to file the said claim before the Railway Authority’s Office at Kaialaghata and, thereafter, he submitted the ticket, other materials and claim application praying for refund of the total ticket amount in respect of ticket and ultimately on 04-06-2012 he submitted that claim but that was not at all decided and for which for harassment and mental pain and agony he filed this complaint praying for relief.

          On the contrary OP by filing written statement submitted that fact remains that complainant is not maintainable in view of that fact such a claim can only be entertained by Railway Claims Tribunal as per provision of Section 13 of the Railway Claims Tribunal Act, 1987.  Moreover as per provision of Section 15 of the said Act present complaint is not maintainable and further submitted that Railway Authority decided his claim and sanctioned a sum of Rs.966/- and same had been credited in the account of the complainant’s credit card account by the Andhra Bank, 4/2, Koreya Road, Kolkata so the entire claim of the complainant should be dismissed.

Decision with Reasons

After hearing the Ld. Lawyer for the OP and the complainant it is found that complainant already got the said amount as sanctioned by the OP and it was after deduction of necessary deduction as per Railway Rules and Tariff and complainant has admitted that he received it and that has been credited in his credit card account but complainant version is that he has not got Rs.966/- but he has got Rs.906-35 but whatever it may be the amount fact remains claim of the complainant has been disposed of by the Railway Authority and complainant received the amount Rs.906/- or Rs.966/- whatever it may be and that was credited in the account of the complainant what he is entitled to as per Railway Tariff.  But under any circumstances, against cancellation of tickets as purchaser cannot get the entire amount of the ticket price including reservation cost etc.

          Fact remains Rs.1932 was paid for purchasing the said ticket and that was purchased on 23-05-20123 and complainant prayed for cancellation of ticket of claim on  04-06-2012 i.e. after lapse of 11-12 days and that cancellation was prayed for after 9 days from the date of the journey of the said train and practically complainant did not avail of the train and prior to departure of the trains that cancellation complaint was not filed by the complainant for which the deduction was at high rate as per rules and tariff and so, at this stage the complaint is not maintainable.

          Another factor is that no doubt there is Railway Claims Tribunal Act, 1987 and as per provision of Section 15 of the Act no court or other authorities shall have or be entitled to any jurisdiction decide any matter as referred to Sub-Section 1 (of Section 13 of the Act) and after studying the provision of Section  13 of Railway Claims Tribunal Act we find that Claims Tribunal has exclusive authority in respect of the claims for refund of fairs or part thereof or for refund of any freight paid in respect of any goods entertained by any Railway Administration for Carriage by Railway and considering that provision we are confirmed that the present complaint was filed with a prayer for refund of fairs in respect of the cancelled ticket.  So, no doubt it is within the jurisdiction or power and authority of the Railway Tribunal to decide it and as per provision of Section 15 of the Act this Forum is barred to entertain such dispute and fact remains this Forum has no jurisdiction to decide the present claim of the complainant in view of the fact as per provision of Section 15 of the Act and Forum’s power is completely barred.  At the same time the said prayer of the complainant has already adjudicated by the Railway Authority and for the reasons stated above the complaint is not maintainable and this Forum has nothing to do when this Forum has no jurisdiction and power and authority to decide the present claim. 

In the result, complaint fails.

Hence,

Ordered

That the case be and the same is dismissed on contest without cost against OPs on the ground that the Forum has no authority/jurisdiction to decide the same.

Dictated & Corrected

          by me