Delhi

New Delhi

CC/630/2015

Raj Kumar - Complainant(s)

Versus

Indian Railway Catering and Tourism Co Ltd. - Opp.Party(s)

10 Dec 2019

ORDER

 

 

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI),

 ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110001

 

   Case No.C.C./630/2015                                                             Dated:

 

  In the matter of:  

                                                                                               

  Sh. Raj Kumar

  S/o Sh. Jawahar Lal

  R/o G-757 Mangol Puri,

  Delhi- 110083

                                                                                                …..Complainant

 

VERSUS

 

  Indian Railway Catering  and Tourism  Corporation Ltd

  Through its Managing Director,

  B-148, 11^th Floor, Statesman House,

  Barakhamba Road,

  New Delhi - 110001

 

.... Opposite Party

 

             H.M. VYAS - MEMBER

 

                                                      ORDER

 

The gist of the complaint is that the complainant booked 6 tickets on 24/03/2015 to travel on 23/05/2015 in 3 A.C. via  train number 12302 Kolkata Rajdhani to Howrah Junction. The said tickets were booked  through his brother Sh. Sanjeev and an amount of Rs. 10712.47 p was debited from the State Bank account of complainant’s brother The tickets were not generated  for the reasons known to the OP. However, the brother of the complainant spoke to the customer care of OP and was informed that the said amount  was debited due to fault in their server system and tickets could not be booked. Due to failure of server system  of the IRCTC website  an amount of Rs. 10712.47p was debited from the account of Complainant’s brother and the tickets  were not booked. Later, the brother of the complainant  Sh. Sanjeev Kumar tried to book the tickets again from the credit card  of his friend  but the tickets in the waiting list no. 25 to 31 with PNR no. 2403666207. The complainant had already booked  the flight tickets costing for Rs. 31,234/- on 23/03/2015 in Jet Airways  to travel on 26/05/2015 from Kolkata to Bagdogra. As the tickets to Howra not being  confirmed since on waiting list, the complainant had to cancel these tickets because there was no surety about their confirmation and also had to cancel the flight tickets for which an amount  of Rs. 12,985/- was deducted as cancellation charges. Alleging that the complainant suffered mental as well as monitory  loss due to deficiency in service on the part of OP, the complainant sent a legal notice dated 15/06/2015 through his counsel demanding the amount deducted by the Jet Airways as cancellation charges and also demanding the compensation of Rs. 50,000/- in the said legal notice. The amount of booking and amount of deduction has been wrongly typed inadvertently and therefore the complainant has sent corrigendum notice dated 03/08/2015 by mentioning the correct amount as Rs. 31,234/- towards booking charges and Rs. 12,985/- towards deduction charges. Following prayer has been made:-

Refund the amount of Rs. 12,985/- which was deductedfor cancellation of his booking;

The respondent may also be directed to pay Rs. 50,000/- as compensation for deficiency in service beside physicaland mental torture caused to the complainant.

The respondent may also be directed to Rs. 10,000/- towards litigation charges.

Any other relief which this Hon’ble Forum deems fit and proper may also be passed in favour of the complainant and against the respondent.

The OP filed written statements/ version after notice. In reply it is stated  that an e-ticket was booked Ex. New Delhi to Howrah Junction in 3 AC class  by train no. 12302 on 23/05/2015 in the name of Sh. Raj Kumar on payment of Rs. 9160/- as ticket fare, Rs. 1,530/-  as catering charges, Rs. 22.47/- as IRCTC service charges vide PNR no. 2403666207 but the user cancelled  the waitlisted tickets on 27/03/2015 and got the refund  for the reason best known to the complainant. 

It is also stated that  in case of transaction failure vide transaction Id no. 100000197533673  due to delayed  payment  settlement at bank end, PNR  could not be generated  and money  refunded to the user within 2 days. There is no offline system to refund the amount.

It is stated that the complainant is not entitled for any compensation and the IRCTC as the amount of ticket booking was refunded within 2 days. Further, user cancelled the waitlisted ticket on 27/03/2015 and got the refund for the reason of the amount. The receipt of the legal notice has been denied  by the OP. The complainant filed rejoinder evidence reiterating the contents of the complaint.

Both the parties have filed their respective evidence  by way of affidavit.

The complainant’s contention is that the loss to the complainant was on account of failure  of the server system of IRCTC website at the time of payment of 6 tickets on 24/03/2015 in journey to Howrah on 23/05/2015. The subsequent attempt to book the tickets was though successful  however, the tickets were waitlisted. On this account he had to cancel the flight tickets from Kolkata to Bagdogra and suffered deductions as cancellation charges.

It is not the case of the complainant that the amount debited from his brother’s account on 24/03/2015 was not refunded. It is also not the case that the refund of the waitlisted tickets was not made by the OP.

We have considered the material placed before us and the rival contentions of parties with relevant provisions of law. In our considered view,  failure  of the server system  of IRCTC, if any, cannot be considered to be deficiency in service on the part of OP being a technical fault associated thereto.  Sheer an attempt to book online tickets with futile result cannot infer to the deficiency on the part of OP in our considered view.
In view of above discussions, the complaint is dismissed with no orders as to cost.

Copy of the order may be forwarded to the parties to the case free of cost as statutorily required. 

Announced in open Forum on:10/12/2019.

The orders be uploaded on www.confonet.nic.in

File be consigned to record room.

 

 

 

                                                    (ARUN KUMAR ARYA)

                                                             PRESIDENT

 

               (NIPUR CHANDNA)                                                                                (HM VYAS)

                          MEMBER                                                                                  MEMBER