Haryana

StateCommission

A/377/2015

PUBLIC RELATION OFFICER - Complainant(s)

Versus

ER.ADARSH KUMAR JAIN - Opp.Party(s)

V.B.SETHI

08 Dec 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

                                                         First Appeal No.377 of 2015

Date of Institution: 13.04.2015

and 24.04.2015

                                                               Date of Decision: 08.12.2015

 

Public Relations office, Northern Railway, NDRC Building, State Entry Road, New Delhi.

….. Appellant

Versus

 

1.      Er. Adarsh Kumar Jain, Electricity Ombudsman (Haryana), Bays No.33-36, Sector-4, Panchkula.

2.      Indian Railway Catering & Tourism Corporation Ltd., B-148, 11^th Floor, Statesman House, Barakhamba Road, New Delhi-110001.

                                      …..Respondents

 

CORAM:             Mr. R.K.Bishnoi, Judicial Member.

                             Mrs. Urvashi Agnihotri, Member.                                                                                                                                        

Present:               Shri V.B.Sethi, Advocate counsel for appellant.

Mr.Tarun Gupta, Advocate counsel for respondent  No.1.

Mr. Vivek Kadyan, Advocate counsel for the  respondent No.2.

 

First appeal No.471 of 2015

Date of institution:22.05.2015

Date of Decision:- 12.08.2015

 

Indian Railway Catering & Tourism Corporation Ltd., through its DGM/CS, North Zone, New Delhi. Having its Office at: Rail Yatri Niwas Building, New Delhi Railway Station Complex, Ajmeri Gate Side, New Delhi-110002.

…..Appellant

Versus

1.Er. Adarsh Kumar Jain, Electricity Ombudsman H.E.R.C., (Haryana), Bays No.33-36, Sector-4, Panchkula.

2.Public Relations office, Northern Railway, NDRC Building, State Entry Road, New Delhi.

                                      …..Respondents

CORAM:             Mr. R.K.Bishnoi, Judicial Member.

                             Mrs. Urvashi Agnihotri, Member.                                                                                                                                        

Present:               Shri Vivek Kadyan, Advocate counsel for appellant.

                             Shri Tarun Gupta, Advocate for respondent No.1.

Mrs. Veena Bhutani, Advocate counsel  for the  respondent No.2.

 

                                                   O R D E R

R.K.BISHNOI, JUDICIAL MEMBER:-

Vide this order above mentioned two appeals bearing Nos.377 and 471 of 2015 will be disposed off as they have been preferred against the order dated 12.03.2015 passed by the District Consumer Forum, Panchkula (in short ‘District Forum’).

2.      It was alleged by the complainant that he booked two seats on 20.06.2014 in train No.12006 to go from Chandigarh to Delhi on 21.06.2014 vide PNR No.2460372064 and he was allotted waiting list No.36 and 37.  On 21.06.2014 when he went to Railway Station it was found that seat was not allotted to him whereas seat was allotted to person at serial No.70.  As there was urgency he rushed to bus stand Chandigarh and boarded bus for Delhi.  Through e-mail it was found that his booking was cancelled as per his  request whereas he never requested to this effect. In this way there was deficiency in service and proper procedure was not followed. So they (O.Ps.) be directed to pay Rs.10000/- as compensation for mental harassment and Rs.5000/- as litigation expenses.

3.      O.ps. filed reply admitting the booking but alleged that initially his booking number was 91 and 92 and lateron it came down to number 36 and 37. No person with more waiting Number was allotted ticket.  There was no discrimination and proper rules and regulations were followed.  O.P. No.1 was not having any connection with the booking and O.P.No.2 was providing internet service.  They did not have any concern with allotment of tickets. Objections about maintainability of complaint, misjoinder and non-joinder of parties, territorial jurisdiction, accruing cause of action etc. were also raised and requested to dismiss the complaint.

4.      After hearing both the parties, learned District Consumer Disputes Redressal Forum, Panchkula allowed the complaint and directed as under:-

 “a.    O.Ps. shall pay a sum of Rs.10,000/- as compensation to the complainant for the mental torture and agony undergone by him due to the deficiency in service proved on the part of the former.

b.      O.Ps. shall pay a sum of Rs.5,000/- to the complainant as the cost of litigation.”

5.      Feeling aggrieved therefrom O.Ps. have preferred the aforesaid appeals.

6.      Arguments heard. File perused.

7.      Learned counsel for the complainant vehemently argued that   his booking was at waiting list Nos.36 and 37 whereas person having waiting list No.70 was allotted seat.  His name was dropped from the chart.  When inquired through internet it was found that his ticket was cancelled on his request, whereas he did not make any request. So learned District forum rightly allowed this complaint.

8.      This argument is devoid of any force. From the perusal of Ex.R-4 it is clear that the name of the complainant and his wife Renu Jain were shown in waiting list at Nos.91 and 92. Lateron their names came to Nos.32 and 33. When persons get the tickets cancelled, waiting list number go on changing.  If the name of complainant was missing in the chart prepared on 21.06.2014 it does not mean that there was any deficiency in service because in chart names only those persons are shown who have been allotted the seat.  Complainant has failed to point out any person having more waiting number was allotted seat.  If word dropped is not mentioned against the name of Aakash Jain, whose initial waiting list number was 93 and lateron came to No.34, it does not mean that he was allotted seat.  Had it been so then coach number and seat number must have mentioned. As per Rule 4 and 6 of Railway Passengers (cancellation of ticket and refund of fare) rules 1998 (In short “rules”) if a person having waiting number is not allotted the seat his name can be dropped.  For ready reference the said rules are reproduced as under:-

“(4)    In case of the waitlisted e-ticket on which status of all the passengers is on waiting list even after preparation of reservation charts names of all such passengers booked on that passenger name record (PNR) shall be dropped from the reservation chart and refund of fare shall be credited to the customer’s account after deducting the clerkage.

(6)     The online TDR shall be filed upto seventy two hours of actual arrival of the train at passenger’s destination and the original certificate issued by the ticket checking staff is to be sent through post of Indian Railway Catering and Tourism Corporation (IRCTC).”

9.      More so complainant has failed to show that O.P.No.1 was having any concern with booking and cancellation of the ticket. O.P.No.2 is only providing internet service.  So they cannot be held liable for any lapse, if any, on the part of the Indian Railway, yhough there is no lapse as discussed above.  Learned District Forum failed to take into consideration all these aspects.

10.    As a sequel to above discussion impugned order dated 12.03.2015 is set aside.  Appeals are allowed and complaint is dismissed.

11.    The statutory amount of Rs.7500/- deposited at the time of filing the appeal  bearing No.377 of 2015  and Rs.7500/- deposited at the time of filing the appeal bearing No.471 of 2015 be refunded to the concerned appellant against proper receipt and identification in accordance with rules, after the expiry of period of appeal and revision, if any filed in this case.

12.    The original judgement be attached with appeal No.377 of 2015 and certified copy be attached with appeal No.471 of 2015.

 

December 08th, 2015             Urvashi Agnihotri                                R.K.Bishnoi,                                                               Member                                              Judicial Member                                                         Addl. Bench                                        Addl.Bench                

S.K.