Complainant Ms.Reena Sharma has filed the present complaint against the opposite party U/S 12 of the Consumer Protection Act (for short, C.P.Act.) seeking necessary directions to the opposite party to release Rs.20,000/- as compensation as well as for mental agony, physical torture and financial loss caused by the opposite party due to deficient service and unfair trade practice alongwith Rs.10,000/- as litigation expenses, in the interest of justice.

2.        The case of the complainant in brief is that she purchased railway ticket on Ist August, 2018 at 9.30 p.m. from Railway Station Delhi through PAYTM Wallet for Delhi-Pathankot S.F. EXP (22429) Delhi to Batala. She paid Rs.180/- for Quota General Second Class seat. Her journey was to be started on 25 August 2018 at about 8.00 a.m. She reached Railway Station Delhi at 7:15 A.M. and waited for train. No announcement was held from Railway at Railway Station, Delhi regarding change of route of the train till departure of the train from railway station Delhi. She has next pleaded that when train reached at Jalandhar Cantt. the announcement regarding change of route was made that this train will go to Pathankot via Mukrian. After hearing the announcement, she was stunned. She disembarked from the train at Jalandhar Cantt and called her brother on phone. Her brother reached there from Batala to Jalandhar by bus and he incurred his fare of Rs.90/- alongwith other expenses. She alongwith her brother reached Batala at late night by bus and incurred Rs.180/- as bus fair and Rs.100/- for Rickshaw. Due to negligence, carelessness and default of the employees/agents of the opposite party, she suffered mental harassment as well as monetary loss. She also sent a legal notice to the opposite party through his counsel then opposite party written a letter bearing No.25/Legal Notice/RF/NDLS/18 dated 30.10.2018 to her regarding detail of the ticket. Then she sent the detail of ticket through her counsel on 14.02.2019 but the opposite party has not given any satisfactory reply to her till today. Thus, there is clear cut deficiency in service on the part of the opposite party. Hence this complaint.

 3.         Notice of the complaint was issued to the opposite party, who appeared through their counsel and filed its written reply by taking the preliminary objections that the Hon'ble Commission has got no jurisdiction to try and entertain the present complaint in view of provisions contained in Sections 13, 1528 of The Railway Claims Tribunal Act 1987 which bars jurisdiction of any other Court in respect of Claim for refund of fare, freight and part thereof since its inception. So, the present complaint is not maintainable and is liable to be dismissed on this score alone. On merits, it was admitted that  announcement was made by Railway at Jalandhar Cantt Station regarding diversion of the subject train. Actually train No.22429 was diverted via Jalandhar Cantt-Mukherian-Pathankot from 17.08.2018 to 07.09.2018 (except Thursday) as temporary diversion and short termination of train due to under construction of Platforms, shunting limitations imposed by newly installed Electronic Interlocking (Modern Signaling System) at Amritsar. Repeated Public announcements were duly made at Delhi Station by Chief Public Relation Office of Railway through Public Announcement System on Platforms and through other mode for information of the Passengers for diversion of route of the subject train, so that they could cancel their tickets and obtain refund if they do not want to avail journey.  Thus, there is no fault, negligence and deficiency in service on the part of the Railway. All other averments made in the complaint has been vehemently denied and lastly prayed that the complaint may be dismissed with costs.

4.        Alongwith the complaint, complainant has filed her own affidavit Ex.CW-1/A alongwith copies of documents Ex.C-1 to Ex.C-11.

5.     Alongwith the written statement the opposite party has filed affidavit of  Sh.Naresh Kumar COS/RF Railway, Gurdaspur Ex.OPW-1/A.

6.        Written arguments filed on behalf of complainant.

7.        We have carefully gone through the pleadings of counsel for the parties; oral arguments advanced by their respective counsels and have also appreciated the evidence produced on record with the valuable assistance of the learned counsel for the parties for the purposes of adjudication of the present complaint.

8.      Complainant Reena Sharma booked a train ticket on Delhi Pathankot SF Express 22429 on 1 August 2018 for travel on 25th August 2018 from Delhi to Batala. Complainant boarded the train on schedule from Delhi and on reaching Jalandhar Cantt Station she came to know that train has been diverted from its routine route now via Mukerian to Pathankot. She got down at Jalandhar Cantt Station and took the help of her brother to travel by bus from Jalandhar Cantt Railway Station to her house in Batala. Thus, facing the inconvenience at the hands of opposite party i.e. Railways in the present case. Railways on their part have admitted to diversion of train but they failed to produce on record any advance notice or advertisement placed in the public domain regarding the scheduled diversion of this train or any intimation to the booked passengers for their stations enroute. The railways have thus been prima facie found to be deficient in service on their part.

9.     From the facts and circumstances placed above, the present complaint is partly allowed. Opposite party is directed to pay the complainant a sum of Rs.470/- expenses incurred in reaching her home. Further, opposite party is directed to pay Rs.2,000/- on account of harassment and Rs.3,000/- as litigation expenses. Compliance of the order be made within 45 days from the date of receipt copy of this order, failing which the total awarded compensation shall attract a penal interest of 9% from the date of passing of this order till its realization.

10.     The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases, vacancies in the office and due to pandemic of Covid-19.

11.     Copy of the order be communicated to the parties free of charges. After compliance, file be consigned.                                                                                                                                                                             

            (Naveen Puri)

                                                                            President   

Announced:                                                   (R.S.Sukhija)

January 18, 2023                                                 Member

*MK*