( Passed on dated 30th July, 2015 )
Per Shri Atul D. Alsi – Hon’ble President.
By act of opposite party’s inability in providing confirmed reservation ticket through its www.irctc.co.in portal to complainant even after receipt of all charges causing hardship and inconvenience to complainant. Therefore, there is imperfection in services of opposite party. Hence the complainant is filing the present case for compensation of Rs. 50,000/-
2. Opposite party is a Public Sector Enterprise under Ministry of Railways is providing various services to passengers travelling by Indian Railways. Amongst other services, O.P. is providing reservation facilities to all its passengers through its websites www.irctc.co.in. Complainant is therefore consumer of the opposite party as per section 2(d)(ii) of the Consumer Protection Act, 1986.
3. Tatkal facility is introduced to enable big population of country to book their journey tickets even after planning to travel urgently.
4. Complainant No. 2 is daughter of complainant No.1 and she scheduled her journey on 17/08/2014 to Secundrabad and was in need of a tatkal ticket for Wainganga Express Train No. 12252 leaving from Gondia on 17/08/2014 at 3.00 p.m. Total booking hours are very busy hours. It begins at 10 a.m. on one day in advance of actual date of journey. There is tatkal quota of 190 berths in the said train. Therefore, complainant on 15/08/2014 made a deposit of Rs.500/- in eWALLET and recharge of said amount was successful and its Transaction ID was 6000212968. As per rules Tatkal booking of said train is begin at 10 a.m. on 16/08/2014.
5. Complainant on 16/08/2014 started his computer PC at 9.45 a.m. and logged to the website of the O.P. for online booking of the ticket. Sharp at 10 a.m. reservation process started and complainant completed filing of all required details and completed entire transaction in just 6 minutes upto 10.06 a.m. After satisfactory completion of transaction through banking gateway, payment detail of said transaction was 0927618197IGY2414184 for Rs.476.24/- was successfully generated at 10.06 a.m. O.P. even after accepting payment failed to issue ticket and a message showing transaction failed appeared on the screen. Complainant was surprised and therefore clicked on link “Resumption of Failed Ticket”. No failed ticket shown and no booked ticket details are shown in booked history and therefore complainant at 10.15 a.m. decided to book another ticket as only 30 tickets were shown left. Complainant completed booking process upto 10.30 and instead of receiving confirmed ticket received a waiting list ticket bearing WL/7. Complainant even after successful payment of ticket charges was not given confirmed ticket and therefore there is a deficiency in service of the O.P..
6. 1st booking attempt was completed in just 6 minutes and payment was successfully credited into the accounts of the O.P.. Even after accepting payment from consumer, O.P. refused to provide confirmed ticket and this is deficiency in the services of O.P..
7. There is huge demand for tatkal tickets and large numbers of booking agents are gaining huge money by providing confirmed tickets in collusion with O.P.. During season these tatkal tickets are good source of income and are sold @ 2 times the original cost of tickets and therefore O.P. designed its website in such a way that it provides easy and fact access to tatkal tickets to all such agents while big population attempting to book ticket by availing said facility is not able to book a single ticket even after making successful attempt as can be seen from facts as demonstrated above in this complaint.
8. eWALLET is good facility to provide hassle free to eliminate network problem while connecting with banking gateway. This facility is intentionally deactivated during tatkal hours to provide benefit to the agents while agents are permitted such facilities. Even after successful attempt, allotment of confirmed ticket was denied due to which complainant No.2 faced hardship and inconvenience resulting her to miss her employment opportunity causing her losses to the tune of Rs.50,000/- for which O.P. is responsible to pay.
9. After receiving the notice issued by the Forum, the O.P. appeared through his counsel and filed his written statement before the forum.
10. In their reply, the O. P. submits that, the contents of this para regarding providing on line reservation facilities by opposite party is not disputed. As per terms and condition, the eWALLET facility is not available between 8 a.m. to 12 noon. Banking gateway, payment details of the said transaction was 0927618197IGY2414184 for Rs.476.24/- was successfully generated at 10.06 a.m.. It is not disputed that massage showing transaction failed appeared on the screen but it is specifically denied as false that opposite party even after accepting payment failed to issue ticket. It is specifically submitted that complainant had tried to book tatkal ticket. Ticket failed due to payment response was not received at IRCTC end from Bank. As payment was deducted at Bank end and bank response was not received at IRCTC end. This was due to issues beyond IRCTC system.
11. Agents are not allowed to book ticket through IRCTC website between 8.00 a.m. to 12.00 noon. Whole prayer of complainant is specifically denied as false, baseless and illegal. That, the opposite party had not committed any deficiency in service as specifically mentioned above, hence not legally liable for payment of compensation Rs.50,000/- to complainant. As such the complaint is liable to be dismissed with compensatory cost in the interest of justice.
12. The complainant has filed written notes of argument and submitted that, complainants being aggrieved by discriminatory attitude of O.P. for their failure in providing TATKAL TICKETS filed this complainant against O.P. for deficiency in service for not providing online TAtkal reservation ticket even after satisfactory completion of entire online procedures required for obtaining reservation ticket along with satisfactory payment of reservation charges for said tatkal ticket through online gateway payment mode twice. Complainant is holding net banking A/c. with STATE BANK OF INDIA with A/c. No.11119342167 for instant online payment of generated Tatkal Ticket.
13. Complainant on 16/08/2014 logged on to the IRCTC web portal of O.P. at 9.45 a.m. and reservation process started at 10 a.m.. Complainant filed entire reservation details in just 6 minutes. Therefore, complainant immediately punched for net banking payment option which was satisfactorily completed with STATE BANK OF INDIA with Transaction No. 092761817IGY2414184 for Rs.476.24/- . Even after receiving confirmation massage about said payment on mobile no. Tatkal ticket was generated even after receipt of charges by O.P. and instead transaction failed message appeared on the screen.
14. Complainant completed 2nd attempt for booking Tatkal ticket upto 10.30 a.m. against which transaction No. 09276198641IGY2425476 for Rs.476.24/- was generated and confirmation message of same was received on mobile. Complainant were surprised to receive a waiting list Tatkal ticket bearing sr.no.WL/7. Extract from bank statement for the relevant period proves the facts of banking transaction for tickets. From above bank statement it is clearly established that amount paid for tatkal booking is refunded 3 days after by IRCTC i.e. on 19th August, 2014 and therefore, the contentions of O.P. is completely false that the reservation of ticket was failed due to non receipt of payment response from complainant’s bank to O.P. and same can not be considered and liable to be rejected and it is also deficiency in services of O.P..
15. It is submitted by the complainant that during the pendency of this complaint the Ministry of Railway on 10/06/2015 by its Commercial Circular No. 34 of 2015 have brought amendment in Tatkal Scheme and by said amendment vide para. 2 of the circular all types of ticketing agents were debarred from booking tickets during first 30 minutes of opening of booking from 8 to 8.30 hrs for general bookings and from 10 to 10.30 hours and 1 to 11.30 hrs. for Tatkal booking in AC and Non-AC classes respectively. The circular is sufficient to prove that contentions of O.P. that ticket agents are not allowed to book ticket from 8 a.m. to 12 noon is totally false and incorrect and same is liable to be rejected.
Complainant argued that the complaint has prima-facie proved deficiency in service on the part of O.P. and therefore is liable for compensation as per prayer clause.
16. The learned counsel for opposite partie Mr.S.B.Rajankar argued that, the payment confirmation was not received by O.P. hence the Tatkal ticket could not be book. Hence, there is no deficiency on the part of O.P.. The O.P. has refunded the amount received for booking of tatkal ticket in the bank account of complainant hence case may be dismissed with cost.
17. Considering the rival contention of the party & submission made before us the following points arise for consideration & finding there on along with reasons.
Sr. No. | Points | Findings |
1. | Whether there is deficiency in service on the part of O.P.? | YES |
2. | What Order? | As per final order. |
REASONING & FINDINGS
18. The complainant has filed Extract of State bank of India account bearing No. 00000011119342167 Branch Gondia having balance of Rs.27,747.00/- on 16th August, 2014 alongwith statement of transaction on 16th August, 2014. It is revealed that on 16th August, 2014, the amount of Rs.476.24/- for two times transferred to IRCTC-Railway ticket booking alongwith service charges of Rs.11.25/- for two times and therefore the complainant has paid ticket booking charges through E-banking to opposite party to book ticket for Wainganga Express train no. 12252 on 17/08/2014 from Gondia to Secundrabad station. Therefore, the contention of O.P. that due to non-receipt of payment from complainant the O.P. fail to book tatkal ticket of complainant. Cannot be accepted the O.P. has not proved the fact of non-receipt of money from complainant at the time of booking of tatkal ticket by way of documentary evidence and by examining of authority by way of evidence on affidavit to support their contention.
19. From the bank statement of complainant bank it is revealed that after 3 days the O.P. had refunded the tatkal ticket booking amount on 19th August, 2014 as per money refund confirmation message from IRCTC on 20th August, 2014 vide ref.no.0927618197 by internet ticketing of IRCTC. Therefore, the O.P. has committed error for not providing confirmed tickets after receipt of payment within time & when confirmed ticket were availble and non-submitting proper explanation for denied of tatkal ticket after completion of all necessary formalities as per rules and procedure by complainant. It amounts to deficiency in service. Therefore, the O.P. is liable to pay compensation and cost as per final order.
Hence, the following order is passed.
- ORDER -
1. The complaint is partly allowed.
2. The O.P. is directed to pay Rs.15,000/- towards non-booking of tatkal ticket after completion of formalities well in advance to the complainant.
3. The O.P. is directed to pay Rs. 5,000/- towards cost of litigation to complainant.
4. The above amount shall be paid within 30 days from the date of receipt of this order.
