Delhi

East Delhi

CC/592/2015

RAJEEV SARAWAT - Complainant(s)

Versus

INDIAN RAILWAY - Opp.Party(s)

02 Aug 2018

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. 592/15

Rajeev Saraswat

D-128, Ram Kumar Gautam Marg

East Vinod Nagar, Delhi – 110 091                            ….Complainant

Vs.    

1. IRCTC

9^th Floor, Bank of Baroda Building

16, Parliament Street, New Delhi – 110 001

2. Indian Railway

Northern Railway Head Office

Public Relations Office

Northern Railways, NDCR Building

State Entry Road, New Delhi.                                            …Opponent

Date of Institution: 12.08.2015

Judgement Reserved on: 02.08.2018

Judgement Passed on: 10.08.2018

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari (Member)

Ms. Harpreet Kaur Charya (Member)

Order By: Sh. Sukhdev Singh (President)

JUDGEMENT

            This complaint has been filed by Shri Rajeev Saraswat against IRCTC (OP-1) and Northern Railways (OP-2) under Section 12 of the Consumer Protection Act, 1986 with allegations of unfair trade practice and deficiency in service. 

2.       The facts in brief are that the complainant booked two tickets under PNR No. 4408538575 by 12213 Duranto Express for 27.06.2015 from Bangalore to Delhi.  On 23.06.2015, the complainant received a message regarding cancellation of said train.  On enquiry from 139, it was told that the cancellation can only be confirmed on 27.06.2015 morning and was advised not to cancel the ticket now and file the TDR online through IRCTC website.   

          It was stated that on 27.06.2015, the complaint confirmed the cancellation of train, booked the ticket for Rajdhani Express on tatkal basis and paid around Rs. 1,000/- more for the booking.  When the amount of tickets of Duranto Express was not credited in the account of the complainant till 02.07.2015, he came to know from the IRCTC site that TDR can only be filled after charting and departure.  On contacting IRCTC helpline number, he was told to send an email on

          It was also stated that this was the duty of railway or IRCTS to intimate the customer regarding cancellation procedure, but they failed to do so and refused the refund.  Hence, the complainant has filed the present complaint and asked for refund of amount of cancelled train of Rs. 5,636/-; excess amount paid for booking tatkal tickets of Rs. 1000/- and compensation for mental harassment.    

3.       In the Written Statement filed on behalf of IRCTC (OP-1), they have stated that train operation was under control of concerned railway.  As per Indian Railway Refund Rules, June 2015, in case of cancellation of train, user will have to file the TDR within 72 hours from the scheduled departure of train for refund. 

          On the request of the user on 03.07.2015, TDR was filed by IRCTC officials and refund was repudiated by Chief Commercial Manager/Refund, Northern Railway with reason “Invalid TDR timestamp” Train Cancel”. 

          It was stated that refund of ticket was decided by concerned railway under whom the last destination station of the train falls.  The IRCTS has no role in deciding the refund and there was no deficiency in service on their part.   Other facts have also been denied.

          From perusal of the file, it is noticed that IRCTC (OP-1) filed his WS which was taken on record and during the course of proceedings, he was wrongly proceeded as ex-parte.  No WS was filed on behalf of OP-2.

4.       In support of its case, the complainant have examined himself.  He has deposed on affidavit.  He has narrated the facts which have been stated in the complaint. 

          In defence, OP have examined Shri Anand Kumar Jha,         Dy. General Manager, Catering Service, IRCTC, , who has deposed on affidavit.  He has also narrated the facts which have been stated in the written statement. 

5.       We have heard the complainant in person and Ld. Counsel for IRCTC (OP-1).  the arguments advanced on behalf of IRCXTC (OP-1) has been that they only provide access to railway passengers reservation system through its server and as far as train operation  were concerned, it was under the control of railways only.  Refund of ticket was also decided by the concerned authorities. 

          It has also been stated that in case of cancellation of train, user will have to file the TDR within 72 hours from the schedule departure of train for refund. 

          They are further stated that request of the user for TDR was filed by IRCTC officials on 03.07.2015 which was repudiated by Chief Commercial Manager/Refund, Northern Railway, with reason “Invalid TDR – timestamp”.  On the other hand, complainant have stated that he was not aware of the rules. 

          When the complainant was required to file for refund within 72 hours and he did not file the same, his plea that he was not aware of the rules cannot be of any help to him as irgnorance of the complainant is of no excuse.  Therefore, no deficiency can be attributed on the part of IRCTC (OP-1) as well as Northern Railways (OP-2).  When there was no deficiency on the part of IRCTC (OP-1) as well as Northern Railways (OP-2), the complaint of the complainant 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)                                              (HARPREET KAUR CHARYA)

       Member                                                                             Member    

            (SUKHDEV SINGH)

                   President