By Smt. E. Ayishakutty, Member,

Complaint in brief:-

1. Complainant had booked journey by train from Nizamuddin to Tirur Station in Malappuram district for himself and his daughter and two grand-daughters. The journey cum reservation ticket number is 01912405 bearing PNR No.231-1742368 and the train number is 2618 starting from Nizamuddin on 10-4-2005. Opposite party collected Rs.1961/- towards passage money for the above 4 persons including charge for their sleeper berth for two nights. On 10-4-2005 complainant and his kins boarded the train from Nizamuddin to Tirur. The ticket Examiner who checked the tickets noted on the reverse side of the ticket Nos.39, 47, 47 and 55 as the seats allotted to the persons. Seat No.47 was to be shared by two persons. Eventhough berth charges had been collected opposite party failed to allot any berth to the complainant and his kins even sufficient vacancies in the train. Complainant and his kids spend 46 harrowing hours in the train causing inconvenience to themselves and co-passengers as well. Complainant and his kids suffered heavy mental agony and monetary loss due to the deficiency of service of opposite party.

2. Complainant sent a lawyer notice to opposite party by complaining the inconvenience faced by himself and his kins during the journey. Opposite party asked the complainant to furnish some documents relating to the journey. Complainant sent a copy of the PNR to opposite party and other informations called for being obtainable from the booking station. Besides the same query was repeated, opposite party has done nothing to redress complainant's grievance. Therefore complainant filed this petition before the Forum alleging deficiency of service on the part of opposite party.

3. Complainant requested to direct opposite party to return the berth charges that opposite party collected from him apart from the change of one ticket the holder of which had to share and also compensation and cost of Rs.30,000/- and Rs.2,000/- respectively.

4. Opposite party filed version admitting that complainant had booked four sleeper class wait listed tickets bearing PNR No.231-1742368 for journey on 10-4-2005 from Nizamuddin to Tirur Station. Opposite party states that the reservation status of the ticket will be indicated on the face of the ticket for the information of the travelling public. Enquiry system is available at all railway reservation counters and even through telephone also availability and position of the reservation ticket will be informed to the public. Complainant had purchased four wait listed tickets. As per the existing rules the reservation charges and all other charges will be collected along with the basic fare of wait listed tickets and RAC tickets also. For RAC ticket holders seat will be provided and in case of any berth falling vacant due to non joining of conformed passengers or cancellation of confirmed tickets at the intermediate stations the same will be allotted to the RAC ticket holders. Complainant purchased wait listed tickets at his own decision. He had not utilized the option to cancell the wait listed/RAC tickets on or before the journey on payment of mere service charge. Opposite party allotted four seats to complainant and his kins. The side seat numbers 39, two facing side seats of No.47 and another side seat No.55. Opposite party states that complainant had got four seats in the sleeper class coach in such a rush season that is the month of April all the trains to Kerala will have rush even after providing special coaches due to the Vishu festival at Kerala. Opposite party also states that there was no vacant berth in the train No.2618 to allot complainant and his kids. There is no provision for refund of reservation charges after availing the facility of RAC tickets. Therefore opposite party is not liable to compensate the complainant and his kins. Hence the complaint is to be dismissed with cost of opposite party.

5. Complainant filed affidavit and documents for evidence. Ext.A1 to A9 marked on the side of complainant. Opposite party filed affidavit. No documents produced on the side of opposite party.

6. The main contention of the complainant is that opposite party has not allotted berth to himself and his kins even though there were sufficient vacancy in the train. It is evident from Ext.A9 the photo copy of tickets produced by the complainant that the position of the tickets were wait list. But on the date of journey it comedown to RAC and seats were allotted to them. Complainant also admitted this fact. In the affidavit opposite party affirmed that no vacant berth remained in the train due to heavy rush. On the month of April all the trains to Kerala will have heavy rush due tot he Vishu festival at Kerala. Complainant contents that there were sufficient vacant berth in the train and it was denied to them. But he has not produced any evidence in support of this contention. For obtaining confirmed tickets the complainant had to reserve it well in advance or an emergency situation they could have avail the facility of Tatkal Scheme. Complainant contents that at the starting point of the journey opposite party ought to have returned money collected from him as excess because opposite party was aware that berth would not be available till the train reaches the destination. For RAC ticket holders seat will be provided and in case of any berth falling vacant the same will be allotted to them. But opposite party could not say whether any confirmed ticket holders will cancel their journey or not. Complainant had taken the tickets at his own wish and decision. He also has right to cancel the wait listed or RAC tickets on or before the date of journey on payment of a mere service charge. But complainant has not utilized this option.

7. As per the existing Railway rules the reservation charges and all other charges will be collected along with the basic fare for wait listed or RAC tickets also. Complainant and his kins availed RAC facility for their journey. There is no provision for refund of the reservation charges after availing the facility of RAC tickets.

8. Therefore from the above discussions we hold that opposite party is not deficient in its service. Complainant is not entitled to get any relief from opposite party.

9. In the result the complaint dismissed. No order as to costs.

Dated this 8th day of July, 2009.

Sd/-

C.S. SULEKHA BEEVI, PRESIDENT

Sd/-

MOHAMMED MUSTAFA KOOTHRADAN, Sd/-

MEMBER E. AYISHAKUTTY, MEMBER

APPENDIX

Witness examined on the side of the complainant : Nil

Documents marked on the side of the complainant : Ext.A1 to A9

Ext.A1 : Photo copy of the lawyer notice dated, 16-4-2005 issued by

complainant's counsel to opposite party.

Ext.A2 : Photo copy of the letter dated, 04-5-2005 from opposite party

to complainant's counsel.

Ext.A3 : Photo copy of the lawyer notice dated, 23-5-2005 issued by

complainant's counsel to opposite party.

Ext.A4 : Photo copy of the letter dated, 31-5-2005 from opposite party

to complainant's counsel.

Ext.A5 : Photo copy of the letter dated, 08-7-2005 from opposite party

to complainant's counsel.

Ext.A6 : Photo copy of the letter dated, 27-7-2005 from complainant's

counsel to opposite party.

Ext.A7 : Photo copy of the letter dated, 30-7-2005 from opposite party

to complainant's counsel.

Ext.A8 : Photo copy of the letter dated, 27-8-2005 from complainant's

counsel to opposite party.

Ext.A9 : Photo copy of the journey cum reservation ticket from Nizamuddin

to Tirur.

Witness examined on the side of the opposite parties : Nil

Documents marked on the side of the opposite parties : Nil

Sd/-

C.S. SULEKHA BEEVI, PRESIDENT

Sd/-

MOHAMMED MUSTAFA KOOTHRADAN, Sd/-

MEMBER E. AYISHAKUTTY, MEMBER