For the O.P : - Sri S.N.Seth, Advocate, Bhawanipatna.
ORDER.
The present dispute arises out of the complaint petition filed by the above named complainant alleging deficiency in service against the afore said O.Ps for non refund of ticket amount without journey. The brief facts of the case is briefly summarised hereunder.
1. The complainant had booked one railway ticket for his journey from Sambalpur to Howrah Jn. in Koraput Hwh Express Train No. 18006 on Dt. 29.4.2016 (travel date) from Bhawanipatna Railway Booking counter at 8.26 AM on 25.4.2016 (booking date) vide PNR No.625-1619011 in ticket No. 16522768. At the time of booking he was berthed with RLWL – 17. With the certainty and hope for confirmation of the ticket, the complainant travelled to Sambalpur to board in the train but unfortunately the said ticket was not confirmed. He went to the Sambalpur reservation counter on the same day before 2 hours from the depa;rture of the train to cancel his waiting list ticket with prescribed from i.e. by filing up the form for cancellation but he was denied for cancellation of his ticket without any sufficient grounds. When the complainant asked the sitting person for the reason of denial, he was ignored saying the ticket can’t be cancelled. Finding no other way the complainant lodged two complaint before the concerned authority i.e. Station Master vide KGP No. 00082 and 000825 Dated. 29.4.2016. But the same complaint was kept in cold storage and no action was taken by the concerned railway official even after receiving such complaint. His grievance was not heard by the railway official of Sambalpur railway station. The complainant was denied to provide service by not allowing him to cancel his waiting list ticket before 2 hours from the departure of the train and further railway authorities have committed deficiency of service by not informing the complainant of the result of his written complaint for a long period or by not paying any heed to the complainant written grievances. The in action done by the concerned official or railway department is a complete case of deficiency of service. Hence this case filed by the complainant before the forum for redressal of his grievance and prayed the forum direct the O.Ps to refund the ticket amount along with compensation, cost and such other relief as the hon’ble forum deems fit for the best interest of justice.
2. On being noticed the O.Ps filed written version through their learned counsel and submitted that the complainant reached the railway ticket reservation counter, Sambalpaur for cancellation of his waitlisted ticket at 18.30 hrs. The schedule departure time of the Train No. 18006 at Sambalpur station was 18.20 hrs. Rule-7, Sub-Rule-3 of the Railway Passenger (Cancellation of Ticket and refund of fare) Rules 2015 w.e.f. 12.11.2015 mentioned as “No refund of fare shall be granted on RAC ticket or wait-listed ticket after thirty minutes before the scheduled departure of the train”. So there is no question of refund of fare. The complaints filed by the complainant are already disposed off as per exiting rules by the Railway authority and acknowledged to the complainants address mentioned in his written complaint vide letter No. C/SBP/pub.Comp/Refund/18006/16 Dt. 7.5.2016 same letter was issued from the office vide issue No. 922 Dt. 9.5.2016, it is false to say that he went to cancel before 2 hours of train departure. The complainant came at 18.30 hrs (after scheduled departure of the train No. 18006) for cancellation of his wait listed ticket. This hon’ble forum has no jurisdiction as per section 13(1) (b) t/w section- 15 of Railway Claims Tribunal Act, 1967 clearly say that all claims for refund of fare are maintainable before the Railway Claims Tribunal and not before consumer forum . This is an overriding effect u/s 18 of the said Act. Hence the complaint petition must be rejected. The case is not maintainable before the consumer forum against the O.Ps. Hence the present complaint petition of the complainant before the hon’ble forum is liable to be dismissed for the best interest of justice.
The O.Ps appeared and filed their written version. Arguments from the learned counsel for the complainant and O.Ps heard. Perused the record, documents, written arguments filed by the parties.
The parties vehemently advanced arguments touching the points both on the facts as well as on law.
FINDINGS.
3. On perusal of the record we observed it is not disputed from both the parties that the complainant booked railway ticket for his journey from Sambalpur to Howrah Jn. in Koraput Hwh Express Train No. 18006 on Dt. 29.4.2016 (travel date) from Bhawanipatna Railway Booking counter at 8.26 AM on 25.4.2016 (booking date) vide PNR No.625-1619011 in ticket No. 16522768. Further it is also not disputed that the complainant travelled on Dt.29.4.2016 in the above train.
The learned counsel for O.Ps vehemently contended in their written argument that the complainant had waitlisted Ticket from Sambalpur to Hawrah by Train No. 18006. The scheduled departure time of this train at Sambalpur station was 18.20 hrs. The complainant reached the Railway Ticket reservation counter, Sambalpur for cancellation of his waitlisted ticket at 18.30 hrs. The complainant in his petition has written that he went to the counter at 6.00 P.M. but actually he went to the counter at 18.30 hrs. This was written by the Station Manager. So the complainant’s plea that he went to the counter to cancel the ticket before 2 hours of train departure was false. The learned counsel for the O.Ps placed rules of the Railway Department before the forum which are mentioned. Rule-7, Sub-rule -3 of the Railway Passenger ( Cancellation of ticket and refund of fare) Rule, 2015 was effective from 12.11.2015 which reads as :- “No refund of fare shall be granted on RAC ticket or waitlisted ticket after thirty minutes before the scheduled departure of the train”. So there is no question of refund of fare. The Railway authority disposed off the complainants complaint as per above rules and sent the reply to the complainant. The learned counsel for the O.Ps further contended this hon’ble forum has no jurisdiction to decide this case according to Section -13 (1) (b) r/w Sec.15 of the Railway Claims Tribunal Act, 1967 clearly say that all claims for refund of fare are maintainable before the Railway Claims Tribunal and so not before the forum. This is an over riding effect U/S- 28 of the said Act. So the complaint petition should be rejected on the above grounds.
The learned counsel for the complainant filed written argument and vehemently argued the schedule departure of the train No.18006 was 6.20 P.M. from Sambalpur Railway station as mentioned by the O.P. in para-3 of the written version. As per revised rule w.e.f. 12.11.2015 “ Refund on unused RAC/WL tickets up to half an hour before the scheduled departure of the train subject to deduction of clearkage charge”. The complainant lodged complaint at Sambalpur Railway station vide complaint No. KGP 000824 clearly remarks that the complainant went to reservation counter at 6.00 P.M. (which is within half an hour before schedule departure of the train) to cancel his unused WL ticket. But he was denied without assigning any justifiable reason. The stand raised by the O.Ps have no substantial evidence and in absence of any acceptable evidence substantiating the O.Ps stand.
We perused the C.P. Act., 1986. it is held and reported in 2002 C.T. J page No.477 the Hon’ble National Commission observed that the C.P.Act, 1986 passed by the Parliament with a hope that the interest of the consumers has to be protected in order to curb the exploitation from the service . Section-3 of the C.P. Act is worded in widest terms and leaves no one in doubt that the provisions of C.P.Act shall be in addition and not in derogation of any other law for the time being in force. Thus even if any other Act provides for any remedy to the litigant for redressal by that remedy a litigant can go to District Consumer Forum, That remedy exists in any other law which creates the right is no bar to the Forum assuming jurisdiction. The word ‘In addition to’ in Section-3 makes it clear that the provisions of Consumer Protection Act are in addition to the existing laws in force and the C.P. Act provides additional remedies to the Consumer. So the argument of the O.P. that the dispute will be decided by Railway Claims Tribunal only is not correct as it cannot over ride the provision of the C.P. Act.
Going through the detail of argument and the documents filed by both the parties the only point of consideration is whether the complainant asked the Station Master, Sambalpur to refund the cost of the ticket in time as per the circular of the Railway Department.
As per the complaint and the copy of the application in the proper format submitted before the Station Master in the counter. It has been mentioned applied for refund at 6.00 P.M. But as per the contention of the O.P. complainant presented the application of refund of ticket at 18.30 Hrs which is beyond the prescribed time for elegibility of getting refund . In the written version filed by the O.P. it has been mentioned that “No refund of fare shall be granted on RAC ticket or wait-listed ticket after thirty minutes before the scheduled departure of the train”. The same warding has been mentioned in the written argument at para-3.
The recent notification of the Govt. of India Ministry of Railways (Railway board) 12th. November, 2015 at page-4 clause-7 sub-clause-3 it has been mentioned that “No refund of fare shall be granted in RAC ticket or wait listed ticket after thirty minutes before the scheduled departure of the train”.
In all the above condition no where it has been clearly mentioned that ticket will be submitted for refund 30 minutes before the departure ,
In the instant case the schedule departure as admitted by the O.P. Is 18.20 hrs. The copy of application for refund presented before the Station Manager shows that it was presented for refund at 6.00 P.M. There is nothing to disbelieve the document and version of the complainant.
The O.P. relied on the endorsement made by the Station Manager, in his copy that complainant came to him at 18.30 Hrs where as the endorsement is not available in his copy which is filed by the complainant . The complainant contended that the endorsement made as above can be entered at any time since the copy is with him. The contention raised by the complainant can not be ruled out.
Hence we hold that the complainant has applied for refund of the cost of ticket at 6.00 P.M. i.e. 18.-oo hrs. which is before the schedule time of departure of the train.
Hence to meet the ends of justice, the following order is passed.
ORDER.
4. In the result with these observation, findings, discussion the complaint petition is allowed in part on conte
st against the O.Ps.
The O.Ps are ordered to refund ticket fare a sum of Rs.865.00 to the complainant. The O.Ps are ordered to pay Rs.500/- towards cost. Accordingly the case is disposed off.
The Ops are hereby ordered to make compliance of the aforesaid Order within 60 days from the date of receipt of the order failing which the complainant is at liberty to take further proceedings U/S- 25 & 27 of the C.P. Act. Service the copies of the order to the parties.
Dictated and corrected by me
Pronounced on this 23rd Day of December, 2016.
Member. Member. President
Documents relied upon:-
By the Complainant:-
1.Original Railway ticket Dt. 25.4.2016
2.Xerox copies of two complaints given to the S.M., Sambalpur Dt. 29.4.2016.
3. Revised refund rules w.e.f 12.11.2015.
By the O.Ps:-
- Xerox copies of complaint No. KGP 000824 Dt.29.4.2016 of the complainant.
2. Revised refund rules w.e.f 12.11.2015.
President
