Shri B. Mukhopadhyay, President.   

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

             Present complainant Goutam Sinha by filing this complaint submitted that for a journey on 10-10-2008 by train No.2895 (Howrah-Puri Express) a Reservation Ticket  PNR No.6117877816 was purchased by the complainant for his daughter on 02-08-2008 being ticket reservation 2AC for travelling from Howrah to Bhubaneswar and scheduled departure time was 20:55 hours on 10-10-2008.

            Another ticket for dated 11-10-2008 from Bhubaneswar to Howrah being PNR No.641551959 train no.2074 was purchased on 02-08-2008 by ATM-cum-Debit Card from NKG counter on Strand Road, Kolkata.

            After reaching Howrah Station on the very date of journey complainant came to know that the said train No.2895 had been cancelled by Railway Authority without any information for which complainant faced much trouble and also suffered financial loss and harassment at that time to reach at Bhubaneswar and when complainant asked for refund of the same at the ticket counter of Howrah they refused to pay back the said amount in cash as both of the tickets were purchased from ATM-cum-Debit Card of Federal Bank Ltd., Ballygunge Branch.  On the next date that is on 11-10-2008 during his journey from Bhubaneswar to Howrah by Bhubaneswar Janasatabdi Express Train No.2074 having Reservation Ticket PNR No.641551959, the departure scheduled time was on 6:20 a.m. dated 11-10-2008 but before half an hour it was announced at Bhubaneswar Station that the said train was cancelled by Railway Authority but there was no prior information for cancellation.  So, complainant again suffered uncalled for harassment, irreparable financial loss for unwanted and illegal wrongful act of the OP for sudden cancellation of trains without any prior intimation to the complainant.  For which he was compelled to travel in general compartment to reach Howrah Station.

            It is further alleged that he refunded his said two tickets having PNR Nos.6117877816 and 6415561959 against Train Nos.2895 and 2074 respectively at the Rabindra Sadan Railway Ticket Country but Railway Authority did not refund him said amount and it was said by the Authority that same shall be deposited at his Savings Bank at said Federal Bank Ltd., Ballygunge Branch but fact remains that the journey was cancelled by the Railway Authority.  But at the time of refund of the said two train tickets they have charged and deducted Rs.30/- for each ticket i.e. Rs.60/- for two tickets and further Rs.60/- for two tickets were charged as service charge though complainant was not able to travel the said journey for the gross negligence and cancellation of both the trains of Railway Authority and there was no laches on the part of the complainant.  Subsequently, complainant obtained bank statement from his banker OP5 that OP Railway Authority did not refund the said amount as yet.

            Subsequently, complainant on 20-11-2008, 06-02-2009 and 27-05-2009 sent letters to the OP Authority for the return money as per railway procedure but all the OPs failed and neglected to refund the ticket amount and fare.  And in the above circumstances for negligent and deficient manner of service complainant has prayed for redressal and for direction to the OP Railway Authority for refund of the entire money for two trains’ cancellation of tickets without deducting any service charges a total amount of Rs.1,787/- and further interest till recovery of the same and further claimed for compensation for causing harassment, mental agony, financial loss by the OP Railway Authority.

            Whereas Railway Authority by filing written version submitted that the complainant is not a consumer and there was no cause of action of filing the complaint. Fora has no legal jurisdiction to try this dispute and it can only be tried as per provision of section 13B and 15 of Railway Tribunal Act, 1987.

            It is further submitted that the Authority cancelled its ticket due to cancellation of train and refund was granted through the system and an amount of Rs.1,490/- was credited in his bank, Andhra Bank on the same date but the said bank could not send the refundable amount to his Bank Account through ECS.  In view of the above the Railway is not responsible for this incident and when refund had already been made then Railway Authority is no way able to arrange further refund.  But CCM/refund was processed and the bank to answer as to why the refund was not credited to party’s bank account and in fact, there is no question of harassment or mental agony since the OP acted in accordance with law and the entire complaint is vexatious and only for grabbing money this complaint is filed.

            Whereas the Federal Bank OP5 by filing written statement submitted that fact remains complainant purchased railway ticket issued by the OP5 in favour of the complainant and the respective amounts being railway fare and other charges were duly debited in the account of the complainant being Account No.12840100120711 but said Bank never received any amount from OP Railway Authority against cancellation of Railway Tickets and moreover, this OP5 is not a necessary party for which his name may be expunged from the complaint.

            Whereas OPs 3 and 4 Andhra Bank Authority by filing a written statement submitted that refund had already been given to the Federal Bank through Payment Transaction Process System so there is no laches on the part of the OPs 3 and 4 and they prayed for rejecting the complaint against them.

            But subsequently, by filing addition written statement Authority of the Federal Bank Ltd. admitted that OP has credited a sum of Rs.1,587/- in the account of the complainant on 11-08-2011 and it was not credited in the account of the complainant due to mistake and for technical reasons so, there was no negligence on the part of the OP5 in not making credit of the complainant.           

Decision with Reasons

Accordingly, we shall have to decide the present consumer dispute relying upon the materials on record.

            On comparative study of the allegation of the complainant including the written version of the Railway Authority and also the version of the OP5 Federal Bank it is found that complainant in his complaint has alleged that he is entitled to Rs.1,787/- in total as refund of fare from the OP Railway Authority.  But truth is that on 11-08-2011 Railway Authority had already refunded Rs.1,587/- which was credited on the account of the complainant but complainant has suppressed the fact because initially the complaint was filed no doubt on 12-02-2010, so considering the date of filing and the date of credit of the amount of Rs.1,587/- in the account of the complainant on 11-08-2011 we are convinced that the OP5 Federal Bank Authority has admitted due to some mistake and technical reason it was not credited to the account of the complainant but they received it no doubt.  So, apparently it is found that out of claim fare amount of Rs.1,587/- had already been refunded so, there is dispute in respect of Rs.200/- which was not paid by the Railway Authority and probably it was deducted as service charge but it is to be mentioned that service charges cannot be deducted if the Railway Authority cancels that journey and when in this case railway journey was cancelled by the Railway Authority.  Railway Authority has no legal right to impose any service charge and no service charge can be deducted from the total amount of the ticket and to that effect we are of considered view that deduction of Rs.200/- was not at all correct and such sort of decision on the part of the Railway Authority is no doubt uncalled for.

            In view of the provision of the Railway Claims Tribunal Act about refund of fares, if there is any dispute same shall be decided by the Railway Claims Tribunal Act, 1987 and it is the mandate of the Hon’ble Apex Court that “Court is meant Courts of Civil Judicature, and by ‘Tribunals” those bodies of men who are appointed to decide the dispute arising under certain special laws – certain special matters go before the Tribunals and the residue goes before the Court of Civil Court of Judicature (1961 SC 1669)”.  Moreover, the Tribunal established under the Act can decide only such dispute as may force under the special law and for the purpose of which they are created and they are specially constituted for and credited under certain special laws and so only certain special matters come before the Tribunal.  And not only that when refund of fare is subject to dispute before the Railway Claims Tribunal as per mandatory provision of Railway Tribunal Claims 1987 and when the said Act was promulgated in the year 1987 after the enactment of the present C.P. Act, 1986 that cannot be decided by this Forum particularly about the refund of fare.

            Anyhow, in view of the provision of Section 2(1)(o) of the C.P. Act, 1986 and particularly the expression “service” as contained we find that in respect of the service or deficiency in service or negligent manner of service the present Forum can decide such dispute because the Railway Administration is provides transport facilities to public for consideration paid by them by way of fare levied in the ticket and no doubt it is largest public utility undertaking in the country established to render service to the public by providing transportation of Rail through its network expending from Kanyakumari to Jammu in the north.  No doubt the passengers travelling by train on payment of stipulated fare charge for the ticket are consumers and the facility of the transportation by Rail provided by the Railway Administration is a service rendered for consideration as defined under the Act and so, no doubt the present particular of the dispute that OP did not render proper service or OP rendered negligent and deficient manner of service as alleged by the complainant should be decided by this Forum and invariably we shall have to decide that part of the complaint.            

            Fact remains both the trains were cancelled at the instance of the Railway Authority and Railway Authority even after appearing before this Forum by filing written statement has not denied that fact.  Then, question is what type of alternative     measures was taken by the Railway Authority to give alternative service for the journey of passengers who reserved ticket which was cancelled by the Railway Authority and in this regard, Railway Authority is silent that means no substitute service was given by the Railway Authority but only they cancelled the train.  No substitute train was placed or no arrangement was made by the Railway Authority to provide alternative accommodation by arranging other special train for the journey of the passengers like the present complainant from Kolkata to Bhubaneswar or Bhubaneswar to Kolkata and it is quiet true that for that reason at that moment complainant was compelled to purchase fresh tickets for their journey from Kolkata to Bhubaneswar and Bhubaneswar to Kolkata.  But question is why the Railway Authority did not take any step to provide such help or to arrange for journey for the complainant or other passengers on that date.  It is no doubt an uncalled for behaviour or conduct and administrative in moral attitude and the entire fact as disclosed in the complaint and defence in written statement it is clear Railway Authorities were silent, they did not think over the harassment of the passengers, they did not even think about the sufferings or financial loss, mental pain or agony of the passengers but they have the right to cancel without taking alternative service for their said journey or for providing any other service and in fact, the attitude of the Railway Administration on those days were negligent in manner and no doubt their service was deficient in manner and for this the complainant as well as other passengers suffered much.

            In this context, we want to say that as we are not unmindful to the fact that there are various reasons and unavoidable circumstances the train can be cancelled but it is unfortunate that the Railway Authority had no second thought for providing alternative service.  No such matter was disclosed, not even there is any explanation for what reason both the trains were cancelled.  Then invariably it is found that the Railway Authority thinks that they are administering such an administration which had been ruled by Allauddin Khilji and as if they are Monarch and the passengers are projas so any illegal activities of the railway authority shall be swallowed by the passengers but that cannot be rule of law.

            It is to be kept in our mind that Railway Authority was established by British Government and all over the world there are Railway Authority but in India Railway Authority thinks that they are Monarch and they can adopt any decision without thinking over the fate and future of the journey of the passengers but we have gathered after studying the Railway system of different country like German, Japan, England and America and other foreign states it is found that in each foreign countries if train or plains are cancelled passengers are informed by adopting all process to reiterate the situation for getting alternative service so that the passengers may avail of their journey without any further cost and may reach at safe destination and when tickets are confirmed and when that is cancelled by the Railway Authority then it is/was the duty of the Railway Authority how and what manner the said person shall be carried away to his destination and in this case this moral and social approach is absent in the written statement of the Railway Authority also.  For which we are inclined to hold that worthless service was given by the Railway Authority and no doubt the complainant and his daughter suffered huge mental pain and agony due to most negligent and callous manner of service of the Railway Authority.  In the above circumstances only for the “deficient manner of service” we are allowing others complaint against the Railway Authority, the OP.  But about fare we have already drawn our view that complainant already got 1587 out of his claim of Rs.1787/- but in respect of balance Rs.200/- we cannot decide the fate for particular provision of Railway Claims Tribunal Act and so same cannot be decided any provision by the C.P. Act.  Then Forum is also debarred to decide that financial dispute on that ground when it is the exclusive jurisdiction of the Railway Tribunal.  In the result, the complaint succeeds in part.

Hence,

Ordered

That the complaint be and the same is allowed in part on contest against the OP Railway Authority with a cost of Rs.2,000/- and same is dismissed against Bank Authorities without any cost.

            OP Railway Authorities is/are hereby directed to pay an amount of Rs.2,500/- for causing mental pain, harassment and agony to the complainant and his daughter for not rendering due service with diligence in favour of the bona fide passenger of the OP.

            OP Railway Authority is hereby directed to pay litigation cost of Rs.2,000/- and compensation of Rs.2500/- i.e. total Rs.4,500/- at once in favour of the complainant within one month and failing which for each day’s delay Railway Authority pay Rs.100/- as punitive damages till full satisfaction of the entire decreetal dues and if punitive damages is collected it shall be deposited to the head of the State Consumer Welfare Fund.

            OP Railway Authority is directed to comply with the order directly within stipulated period failing which further penal action shall be taken against the authority for disobedience of the Forum’s order for which Railway Authority shall be responsible.