Order-8.

Date-14/09/2015.

In this complaint Complainant Rakesh Kumar Guptaby filing this complaint has submitted that complainant booked a ticket through IRCTC for Amritswar to Jammu by train being No. 19225/BIT JAT Express and his ticket was RLWL/8 and RLWL/9 and it was confirmed ticket.So, complainant regularly checked the status by sending SMS PNR to 139 (Rail Enquiry) and it showed that it was confirmed and it was B1/19 and B1/21 on journey day at 20.00 hours and when complainant reached to Amritswar Station in night 00.30 hours the display at station showed that the train No. 19225/BIT JAT Express was cancelled and complainant was shocked and at the same time he checked from the enquiry counter and enquiry counter told him that the train was not coming to Amritswar Station from last 15 days.Since this train was cancelled then IRCTC should inform their passengers in advance on registered mobile number of passengers.Next day complainant availed of a flight from Jammu to New Delhi and on that night he along with his wife and daughter did not get any vehicle for Jammu and finally he booked a private car for Jammu and he was not aware why such incident took place and in fact IRCTC even after knowing fully well of the cancellation of the train and not availing of the train at Amritswar booked the said ticket intentionally, received money and harassed the complainant in such a manner.

In the above situation, complainant sent a letter to IRCTC Office at Kolkata and IRCTS Office Headquarter at New Delhi through SPEED Post and given a time of seven days for refund of money.But IRCTC did not come up and not given any reply and in the above situation, complainant prays for compensation for his harassment and for booking such a ticket in respect of the train in which train was already cancelled for which complainant prayed for redressal.

In the present case notice was duly served upon the op and it was received by the GRGMG Zone of the op on 23.07.2015 but they did not contest the case and fact remains that on 30.06.2015 also notice was served to IRCTC Kolkata Office but they did not appear to contest this case.So, the case is heard exparte ultimately.

          Decision with reasons

On proper consideration of the complaint including the IRCTC Reservation Slip (Person User), it is clear that complainant purchased ticket from IRCTC by paying service charge and total fair was Rs. 992.47 paisa which was paid for 2 adult persons, which was purchased in the name of R.K. Gupta and PoonmSoni and that ticket was initially in the waiting list and the said ticket was purchased for a journey from Amritswar to Jammu Twai and date of journey was 04.05.2015 and date of boarding is at Amritswar Junction on 04.05.2015 at 01.00 hours in train No.19225/BIT JAT Express.Passengers’ addresses are noted in the said E-reservation Slip and it was on 29.03.2015 whereas the date of journey was 04.04.2015, even the passengers’ mobile No. 8748885402 is also noted.

Thereafter the said ticket was found confirmed and accordingly complainant appeared at Amritswar station but did not find the train and on enquiry, complainant came to learn that the said train had been cancelled for last 15 days prior to date of journey i.e. 04.04.2015.Invariably IRCTC was aware of the fact but that was not reported to the complainant and most interesting factor is that the ticket was purchased on 19.03.2015 and the journey date was on 04.04.2015 but considering the entire fact, it is found that about the date of booking of the ticket, IRCTC was aware of the fact that the said train already been cancelled and it will not reach at Amritswar even the ticket was booked and service charge was taken.Then it is clear that op dishonestly booked the ticket on receipt of money, though it was the duty of railway authority to inform the complainant that the said train is cancelled in view of the fact that the train had already been cancelled.

Priorto purchase of the said ticket by the complainant the op had his knowledge about cancellation of the train, but op acted illegally and sold such a ticket in respect of such train which was not running through Amritswar as there was no stoppage at Amritswar and such sort of activity on the part of the op is no doubt unfair trade practice. Truth is that complainant sent letter to op and their authority in writing at Koilaghat Office of IRCTC but they did not respond.It indicates that IRCTC has adopted unfair trade practice and in fact by selling such ticket which has already been cancelled by the Railway op has no doubt adopted deceitful manner of trade and by that act complainant was no doubt deceived and complainant did not get the train and in fact from that point no further booking was possible in respect of reserved seat and finding no other alternative, complainant was compelled to purchase air ticket for his journey from Delhi to Jammu and complainant went to Delhi by hiring a taxi and again returned from Jammu to Delhi by Indigo Flight and ticket is submitted being No. UDS6VK and from that ticket it is also found that complainant when failed to catch the said train due to cancellation of the said train about 15 days ago, complainant spent huge amount of money and went to Jammu via Delhi after reaching at Delhi from Amritswar by hiring a car and such sort of harassment was caused by the op and no doubt complainant has not only been harassed but he has been deceived by the op for which such sort of act as op’s service provider is bound to refund the entire amount of Rs. 970/- and also the compensation of Rs. 10,000/- for causing mental pain and suffering and also for hiring a car from Amritswar to Delhi and further for purchasing Plane ticket from Delhi to Jammu and entire episode was created episode of the op and particularly Railway adopted such practice only for running their business without providing service and they are booking such ticket and harassing the passengers in such a manner for which ops are bound to compensate and to refund the ticket amount and shall have to pay litigation cost because complainant repeatedly reported the matter to the op but op was silent and this is common practice of that Railway authority and in fact there is no Railway control and Administration to control the IRCTC and they are very reluctant to entertain the customers after taking such service charges and receiving such ticket amount and they also deprive the customers by taking such ticket amount in respect of such train which is cancelled and which is not running and all those administrative activities of the op is no doubt unfair trade practice and deceitful manner of trade so complainant is entitled to get a decree as prayed for.

In the result, this complaint succeeds in exparte form and in view of the fact op did not contest the even after receipt of the summon and same is allowed exparte with cost of Rs. 5,000/- against the op.

Hence, it is

Ordered,

That the complaint be and the same is allowed in exparte form with cost of Rs. 5,000/- against the op.

Ops is hereby directed to refund the ticket amount of Rs. 970/- and also shall have to pay compensation of Rs. 10,000/- to the complainant within one month from the date of this order, failing which for non-compliance of the Forum’s order and for disobeyance of Forum’s order, in that case, op shall be imposed penal damages at the rate of Rs. 100/- per day till full satisfaction of the decree and if it is collected it shall be deposited to this Forum.

Op is also directed to comply the order very strictly within the stipulated time, in default penal proceeding u/s 25/27 of C.P. Act 1986 shall be started against the op for which further penalty and fine shall be imposed upon the op.