DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

PATIALA.

                                      Consumer Complaint No.218 of 2.6.2017

                                      Decided on:   10.5.2019

Amit Kakria son of Sh.Raj Kumar Kakria  resident of  H.No.643,S.S.T.Nagar, Rajpura Road, Patiala, 147001.

                                                                   …………...Complainant

                                      Versus

1.       Indian Railway through its General Manager, Northern Railway, Baroda House, New Delhi-110001.

2.       Divisional Railway Manager, Northern Railway, New Delhi.

                                                                   …………Opposite Parties

                                      Complaint under Section 12 of the

                                      Consumer Protection Act, 1986.

QUORUM

                                      Sh. M.P.Singh Pahwa, President

                                      Smt. Inderjeet Kaur, Member

                                      Sh.B.S.Dhaliwal, Member      

ARGUED BY

                                      Sh.M.L.Sharma,counsel for the complainant.

                                      Sh.Charanvir Singh, counsel for OPs No.1&2.                                     

 ORDER

                                    SH. M.P.SINGH PAHWA,PRESIDENT

1. This is the complaint filed by Amit Kakria (hereinafter referred to as the complainant) against Indian Railway and Anr.(hereinafter referred to as the OP/s).
2. Briefly the case of the complainant is that he availed the services of OPs by booking the tickets for travelling in Kolkata Rajdhani Express (train No.12302) in the month of September,2016.
3. It is pleaded that the complainant planned to avail leave travel concession (LTC) for Port Blair with his family and friend. He got booked on-line reservation  of four tickets of Rs.11609/- for himself and his family in Kolkata Rajdhani Express on 7.9.2016 from New Delhi to Howrah for 5.1.2017 and on 15.9.2016 got reservation of return four tickets of Rs.12,629/- from Howrah to New Delhi for 13.1.2017. He also booked a room in Kolkata guest house for Central Govt. Employees at Kolkata for Rs.330/- for 6.1.2017 to stay. On-line reservation was made on his residence internet at Patiala. On-line payments were also made from his bank account No.4096000100028037 maintained in Punjab National Bank, Patiala. After reservation of seats in train, complainant further on 23.9.2016 purchased  e-tickets of Air India for 7.1.2017 for the flight from Kolkata to Port Blair and return on 13.1.2017 and paid Rs.89,143/-. All reservations were made keeping in view the time table of Kolkata Rajdhani Express i.e. departure from New Delhi at 04:55 PM on 5.1.2017 and arrival at Howrah at 9:50am on 6.1.2017 and flight was at 5.40 AM on 7.1.2017. There was sufficient time of about 20 hours to get the flight for Port Blair. Complainant with his family and friend reached at New Delhi railway station well in time i.e. before 4.55 PM on 5.1.2017. But Railway Authorities time to time announced late departure of the train without explaining any reason. At last train departed from New Delhi at about 2.30AM on 6.1.2017 (late by about 9 hours and 35 min.) and arrived at Howrah on 7.1.2017 at about 7.30AM(late by about 22 hours). Due to late arrival of train at Howrah, complainant could not avail stay at Kolkata guest house on 6.1.2017. He also missed his flight which was at 5.40 AM on 7.1.2017. Tour programme of the complainant was totally disturbed due to late arrival of train at Howrah without any reason. Complainant could not go Port Blair and has to spent time at Kolkata. To wait and stay at Kolkata till 13.1.2017( return reservation) was difficult, so he has to cancel reservation of Kolkata Rajdhani Express (train No.12301) for 13.1.2017 and also cancelled  the flight booking. He also paid higher amount of Rs.16,600/- for tickets for return from Howrah to New Delhi on 10.1.2017 instead of Rs.11609/-.The complainant suffered loss of Rs.5880/-( Rs.889/- cancellation charges of rail ticket + Rs.4991/- excess payment of new rail tickets for 10.1.2017). He also suffered loss of Rs.48,388/-, charges of air tickets  cancellation charges of Air India and could not stay at Kolkata Guest House for which he had paid Rs.330/- in advance. Complainant and his wife are Govt. employees and suffered a loss of Rs.31,000/- approximately for availing earned leave of 10 days each during the journey for tour, which could not be enjoyed  due to late arrival of train at Howrah.
4. It is alleged that the Railway Authorities were called for so many times to settle his loss due to poor and late rail service provided by the OPs. Even notice dated 7.4.2017 was also got served but to no response. It is also pleaded that due to this, complainant has also suffered financial loss, mental disturbance and all it amounts to deficiency in service and unfair trade practice on the part of the OPs.
5. Complainant has claimed Rs.one lac as compensation, Rs.85548/- loss suffered by him and Rs.6000/- as litigation expenses. Hence this complaint.
6. Upon notice OPs appeared through counsel and contested the complaint by filing the written version. In reply, the OPs raised preliminary objections that the complaint is not maintainable in the eyes of law; no cause of action has arisen to the complainant to file the complaint; complaint is wrong, baseless, without merit and without any just reason; complainant has not come to the Forum with clean hands; he has no locus standi to file the complaint. Late running of train was not due to any irregularity on the part of the OPs . It was purely due to fog. This natural reason is totally beyond the control of the OPs. There is no shortcoming on the part of the OPs.
7. As per office record train No.12301 started rightly from the station at accurate time i.e. 16:55 hours from Howrah on 4.1.2017 and reached at New Delhi on 5.1.2017 at 20:45 hours instead of 10:00 hours on 5.1.2017 due to foggy weather. Thus train was late by 456 minutes due to foggy weather (Act of God), which was unavoidable. Therefore, train No.12302 link of train No.12301 was late started at 2:35 hours on 6.1.2017 from New Delhi instead of 16:55 hours on 5.1.2017 after proper maintenance and reached at Howrah at 6:34 hours on 7.1.2017 instead of 9:50 hours on 6.1.2017 due to foggy weather. Late running of train came into the notice of complainant at New Delhi itself and option for getting full refund was available at initial stage to the complainant  as per policy. Frequent announcements were also made to this effect at New Delhi station for convenience of passengers. The complainant knowingly travelled in train No.12302 which was late to start at the beginning station itself due to foggy weather. Hence the complaint is nothing but misuse of law for unfair advantage of the situation, which was beyond the control of the OPs.
8. That in general railway has to keep safety of passengers at top so due to various reasons relating to operating  and safety factors etc. trains may be late and as such no claim is entertained on this account.
9. It is submitted that alleged cause of action arose at New Delhi station which does not fall under Patiala jurisdiction. As such this Forum has no jurisdiction to entertain the complaint.
10. On merits, the OPs reiterated their stand as taken in the preliminary objections and detailed above, the repetition of which is considered to be unnecessary for the sake of brevity. It is further submitted that as per rule, if train is late by more than three hours, passenger can get refund of full fare paid by the passenger without any deductions. Passenger can claim refund at the journey commencing station upto the actual departure of the train, which is mentioned in the timetable. The late running of the train came into  the notice  of the complainant at New Delhi, itself. Hence option for getting full refund was available at initial stage to the complainant. After controverting all other averments of the complainant, the OPs prayed for the dismissal of the complaint.
11. Parties were afforded opportunity to produce their evidence.
12. In support of  the complaint, the ld. counsel for the complainant has tendered into evidence affidavit of the complainant, Ex.CA, copy of bank statement, Ex.C1, copies of rail and air tickets, Exs.C2 to C9,  copy of confirmation slip, Ex.C10,  copy of information from Railway Authorities under RT Act.,Ex.C11, copy of legal notice, Ex.C12,  copy of pass book, Ex.C13, copy of weather conditions, Ex.C14(4)
13. The ld. counsel for the OPs tendered in evidence affidavit of Madhusimta Patra, Ex.OPA,copy of RB/running detail of trains Exs.OP1 & OP2, copy of extract of railway booklet, Ex.OP3 and closed the evidence.
14. The parties have also submitted written arguments.We have heard the ld. counsel for parties and also gone through the written arguments and the record placed on the complaint file.
15. The ld. counsel for the complainant has reiterated his stand as taken in the complaint. It is also submitted that the factual position is not disputed. It is not disputed that the complainant got reserved the tickets from New Delhi to Howrah and then Howrah to New Delhi for 5.1.2017 and 13.1.2017. Complainant  has also produced copy of air ticket from Koltaka to Port Blair for 7.1.2017 and Port Blair to Kolkata for 13.1.2017. The train was to depart on 5.1.2017 at 4.55 PM but the train  departed at 2.30 AM on 6.1.2017 and reached at the destination on 7.1.2017 at 7.30AM. Train was admittedly much late from the scheduled time which resulted in the consequence missing of other trains and flights. Therefore, the complainant suffered loss as detailed in the complaint. This loss was only due to the late running of the train. As such the complainant is entitled to the relief claimed for.
16. On the other hand, the ld. counsel for the OPs has submitted that of course the complainant got reservation for 5.1.2017. The complainant was aware of the fact  before embarking upon the journey that the train is much late than the scheduled time. The complainant was having option to get the ticket cancelled and taking full refund. But the complainant has opted to travel knowing fully that the train is late. Now the complainant is estopped from claiming any claim. In the extract of booklet, Ex.OP3, it is also find mentioned that in case train is running late by more than three hours, passenger can get a refund of full fare paid by the passenger without any deductions. Complainant himself has placed on record copy of weather chart which also shows foggy weather during the whole period. Therefore, the train was late. It was not due to negligence on the part of the OPs but due to foggy weather which is act of the God and beyond the control of man power. From all angles, the complainant is not entitled to any relief.
17. We have given careful consideration to the rival submissions.
18. The admitted facts are that the complainant got booked the tickets for travelling from New Delhi to Howrah for 5.1.2017.As per scheduled time the train was to depart at 4.55 PM but it departed on 6.1.2017 at 2.30PM and reached at the destination on 7.1.2017 at 7.30 AM instead of 6.1.2017 at 9.50AM.The complainant travelled in the train despite knowing the fact that the train is running late.

Therefore, the only point for determination is as to whether the complainant can claim any compensation/damages after travelling in the train.

19. Complainant has not produced any rule and regulation of the OPs to prove his entitlement for any relief inspite of  traveling in the train which was late. As per OPs the trains were running late due to foggy weather. Complainant has also placed on record weather history of 5.1.2017,Ex.C14, which also proves that there was fog  on 5.1.2017 from zero hours  till 13:30 and then from 17:30 to onward. Even otherwise, it is matter of common knowledge that in the early days of January every year normally the trains are late due to fog in various parts of the country. When the complainant has already completed the journey in the train despite it running late, the complainant cannot claim any refund or other relief from the OPs.
20. For the reasons recorded above, the complaint is without merit and is dismissed accordingly.

Certified copies of this order be sent to the parties free of cost under the Rules. Thereafter, file be indexed and consigned to the Record Room.

ANNOUNCED

DATED:10.5.2019       

 B.S.Dhaliwal                         Inderjeet Kaur              M. P. Singh Pahwa

       Member                                 Member                                      President