Delhi

East Delhi

CC/322/2015

GHAN SHYAM - Complainant(s)

Versus

INDIAN RAILWAY - Opp.Party(s)

22 Mar 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

 

C.C. NO.  322/15

 

Shri Ghanshyam Srivastava

S/o Late Shri Ishwar Sharan Srivastava

R/o F-1, Plot No. 172

Gyan Khand-I, Indrapuram

District Ghaziabad, UP                                                          ….Complainant

 

Vs.

 

1. Indian Railway

Through its General Manager

Northern Railway

Rail Bhawan, Baroda House

New Delhi.

 

2. Senior Manager

Railway Reservation Counter

Anand Vihar Railway Station

New Delhi                                                                       ….Opponents

 

Date of Institution: 21.05.2013

Judgment Reserved on: 28.08.2017

Judgment Passed on: 29.08.2017

CORUM:

 

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari  (Member)

 

Order By : Sh. Sukhdev Singh (President)

 

JUDGEMENT

          This complaint has been filed by Shri Ghanshyam Srivastava against Indian Railway (OP-1) and Senior Manager, Railway Reservation Counter, Anand Vihar Railway Station (OP-2) under Section 12 of the Consumer Protection Act, 1986. 

2.       The facts in brief are that the complainant, an additional public prosecutor in Delhi Government at Tis Hazari, booked a railway ticket from Anand Vihar, Delhi to Patna Junction in Garib Rath Express train no. 22406 for 20.03.205 vide PNR No. 2302159800 on paying a sum of Rs. 563/-.  He was to appear for Higher Judicial Examination of State of Bihar, which was scheduled for 22.03.2015.  When on 20.03.2015, the complainant reached at Anand Vihar Railway Station, he was shocked to know that the train was approximately 22 hours late as per scheduled time, which was 5 p.m.  On the next day        i.e. 21.03.2015, the examination of Higher Judicial Services was fixed, which the complainant was not able to attend.  He made alternative arrangement and booked a ticket from GoAir airlines services through Make My Trip and paid an amount of Rs. 7,100/-.  Thus, he has stated that by not providing train facility to its customers/complainant, as per scheduled programme, amounts to deficiency on the part of OP.

          He has further stated that due to this act, he has suffered great mental pain and agony.  Hence, he has claimed compensation for an amount of Rs. 75,000/- on account of mental and financial stress and further litigation charges of Rs. 22,000/-.

3. In the reply, filed on behalf of Indian Railways (OP-1) and Senior Manager, Railway Reservation Counter, Anand Vihar (OP-2), it has been stated that it was not a consumer dispute, coming under the provisions of the Consumer Protection Act; Complainant was not a consumer as he has taken his paid amount back as refund on 21.03.2015.  There was no deficiency on the part of Railways.  Other facts have also been denied.
4. In support of its case, the complainant have examined himself.  He has deposed on affidavit and have reiterated the contents of the complaint.  He has also got exhibited copy of Admit Card (Ex. CW1/1), Job Identity Card (Ex. CW1/2), ticket of flight (Ex. CW1/3), cancelled railway ticket (Ex. CW1/4), invoice of flight (Ex. CW1/5) and boarding pass of flight (Ex. CW1/6).

          In defence, Railways have examined their Divisional Commercial Manager/SS, DRM Office, S.E. Road, Northern Railway, who have deposed on affidavit.  This affidavit is not as per the Evidence Act and not got attested also.  Though, the evidence is not in the proper form, however, the contents of the reply have been narrated, which will be taken care of.

5. We have heard Ld. Counsel for OPs and have perused the material placed on record as the complainant did not appear to argue.  It has been argued on behalf of OP-1 & 2 that the complainant have taken the refund back and by taking the refund back, he was no more a consumer. 

          It has further been argued that the train was late just by            3 hours, which was contrary to the claim made by the complainant as 22 hours.  It has further been argued that the complainant was not a consumer as per the Consumer Protection Act.  Though, counsel for OP have argued, however, from the testimony of the complainant and evidence placed on record, it has to be seen as to whether there was any deficiency on the part of OP or not. 

          As far as the first argument that the complainant was not a consumer under the Consumer Protection Act, this argument has no force as the relief provided under the Act was an additional remedy, therefore, this argument of Ld. counsel for OP goes.

          If the documents placed on record are gone into, it is noticed that exam of the complainant was scheduled on 22.03.2015.  Complainant got the ticket cancelled on 21.03.2015 and got the refund.  It has been depicted on the cancelled ticket that the train was late by 3 hours.  The fact that the train was late by 3 hours, the plea taken by the complainant that it was late by 22 hours cannot be accepted at all. 

          By getting the train ticket cancelled, the complainant have booked a flight of GoAir for the same date i.e. 21.03.2015 and departure time as 10.10.  The complainant instead of availing the facility of railway, have opted to go by air by getting the train ticket cancelled only when the train was late by 3 hours.  By getting the train ticket cancelled, the complainant have got the refund back.  When he has got the refund back, he no more remains a “consumer”. 

          Not only that, he has not asked for refund of deducted amount, nor have claimed the air ticket charges, but has only claimed compensation.  When the complainant was not a consumer and there was no deficiency on the part of OPs, the question of any compensation does not arise.   

          In view of the above, we are of the opinion that this complaint has no merit, hence, it deserves its dismissal and the same is dismissed.  There is no order as to cost.

           Copy of the order be supplied to the parties as per rules.

          File be consigned to Record Room.

 

 

(DR. P.N. TIWARI)                                                             (SUKHDEV SINGH)

     Member                                                                                   President