Delhi

North

CC/8/2020

AMIT RAY - Complainant(s)

Versus

IRCTC LIMITED - Opp.Party(s)

18 May 2023

ORDER

       District Consumer Disputes Redressal Commission-I (North District)

[Govt. of NCT of Delhi]

Ground Floor, Court Annexe -2 Building, Tis Hazari Court Complex, Delhi- 110054

 

Consumer Complaint No. 08/2020

In the matter of

Sh. Amit Ray

R/o H.No.427/1, Gali No.-15,Chandan Vihar

West Sant Nagar, Burari-110084                                               ...........Complainant

   

Versus

1. IRCTC Limited

         B-148, 11^th floor, Statesman House

         Barakhamba Road, New Delhi-110001

 

2. State Bank of India

         Old Secretariat Branch

         Civil Lines, Delhi-110054                                              …Opposite Party

 

ORDER
18/05/2023

 

Ms.Harpreet Kaur Charya, Member

The present complaint has been filed by Sh. Amit Ray, the Complainant against the IRCTC Ltd., as OP-1 and State Bank of India, as OP-2 with the prayer  for refund of Rs.19,160/- and compensation of equal amount as the OP1 and OP-2 failed to refund the above mentioned amount.

1.       Facts necessary for the disposal of the present complaint are that on 01.10.2018 and 17.10.2018, the Complainant booked tickets from OP-1 for Rs.19,941.96/- and Rs.516.96/- respectively. The Complainant made payment using Bhim UPI with ID 9582794202@UPI.

2.       The Complainant has stated that due to some exigencies the tickets were cancelled on 06.12.2018,  OP-1 was informed through e-mail with the request to refund Rs.19,100/- and Rs.60/- in complainant’s  bank account number 20112312380. The Complainant has alleged that the said amount has not been credited to his account. Despite several request, the OPs did not refund the amount of Rs.19,160/-. A complaint was registered with National Consumer Helpline vide complaint No. 1703052, against the OP-1 which was replied that the amount have been refunded to the Complainant’s account. A complaint No. 1710896 was registered against OP-2, as well  however no reply from the OP-2(bank) was received.

3.       The Complainant has annexed the copy of the booking confirmation, email dated 06.12.2018 for cancellation, an email dated  03.02.2019 for refund issued by OP-1, reminder dated 12.02.2019, letter issued by OP-2 dated 28.03.2019, final status of RTI, Statement of Account for the account  maintained with OP-2.

4.       Notice of the present complaint was issue to OP-1 and OP-2.

5.       Written Statement was filed on behalf of OP-1, where they have taken several pleas in their defence such as; the Complainant has concealed and suppressed material facts; as per the gateway confirmation, the amount had already been refunded to the card issuing bank against the given RRN (Refund Reference Number) with the details PNR No.4663453072, Order No.100001486887808, Refund Date 11.12.2018, Refund Rs.60/- and RRN No.829019323048 and PNR No. 2152228141, Order No.100001464181256, Refund Date 11.12.2018, Refund Rs.19,100/- and RRN No. 827418147514.

          Hence, there was no cause of action in favour of the complainant qua OP-1.

6.       It was submitted that one e-ticket was booked in favour of the complainant Ex. H. Nizamuddin to Trivandrum CNTI in 2AC class  dated 25.12.2018 by the train No.12432/ Trivandrum Rajdhani in the name of Amit Ray M-30, Rani Kumari F-27, Rajendra Ray M-60 and Nirupma Devi F-52 on the payment of Rs.19,940/- vide PNR No.2152228141. Second e-ticket was Ex. Nagercoil Jn. To Trivandrum in the name of Amit Ray M-30 and Rani Kumari F-27, Rajendra Ray M-60 and Nirupma Devi F-52 on the payment of Rs.515/- vide PNR No.4663453072. The tickets were booked through BHIM UPI payment gateway.

7.       They have further submitted that as per concerned payment gateway confirmation, in case the refund amount was not credited to the customer’s bank account then it meant that the refund amount was lying with customer’s card issuing bank, thus OP-2 is in a better position to inform about the status of the payment. Rest of the contents of the complaint have been denied.

8.       The email dated 05.03.2020, action history of RTI request bearing No. IRCTC/R/2019/50396, communications through email dated 06.12.2018, 23.08.2019, 03.09.2019, 26.08.2019, e-reservation slip bearing PNR No.2152228141, refund status, e-reservation slip with PNR No.4663453072 with refund status have been annexed with their reply.

9.       OP-2 has also filed their reply, where they have stated that there was no specific allegation of negligence/deficiency in services against them as the refund was to be initiated by OP-1 which was to be credited to the savings account number 20112312380 of the Complainant, which was never received by OP-1. Rests of the contents of the complaint have also been denied.

10.     Rejoinder to the Written Statements of OP-1 and OP-2 was filed by the Complainant, where the contents of the complaint have been reaffirmed and those of the written statements of OP-1 and OP-2 have been denied.

11.     Evidence by way of Affidavit was filed by the Complainant where the

contents of the complaint have been reiterated. The Complainant has relied

on the status of refund filed by OP-1 which was exhibited as Ex.RW-1/A (colly)

12.     Sh. Purna Chandra Bihari, JGM, HR, IRCTC/NZ, Authorized Representative on behalf of OP-1 was examined. It has been stated that IRCTC and Railways are two different entities and IRCTC only provides access to railway passenger’s reservation system through its server and internet connectivity for booking tickets. They have also repeated the submissions made in their written statements. It has been reiterated that the amount had already been refunded to the card issuing bank. They have got exhibited the copy of the trail mail by IRCTC as Ex.RW-1/A: It was further submitted that the refund amount was lying with UPI (SBI) and due to their efforts, the UPI team had refunded the amount on 6.05.2022 and there was no delay on their part to refund. Hence, there was no deficiency in services.

13.     OP-2 have got examined Ms. Priya Yadav, Branch Manager, on their behalf. It has been submitted that the alleged refund sent by OP-1 for the credit on savings account No. 20112312380 of the Complainant was never received by them till 26.05.2022. It was only received on 26.05.2022 and the same was credited to the account of the Complainant. Rest of the contents of the written statement have been reiterated.

14.     The copy of the statement of the account from 26.05.2022 to 26.05.2022 has been relied upon. We have heard the submissions made by the Complainant who is appearing in person and Ld. Advocates for OP-1 and OP-2.

15.     We have heard the arguments on by the complainant and Learned Counsels for OP-1 and OP-2. We have also perused the material placed on record .The complainant is aggrieved by non credit of Rs.19,100/-and Rs.60/- as refund on account of cancellation of ticket booked by him.  It is the case of OP-1, that they had initiated refund of Rs.19,160/- on 07/12/2018 upon cancellation of tickets by the complainant on 06/12/2018. However, the same has not been credited by OP-2 to the savings bank account maintained by the complainant. The complainant has annexed an email dated 03/02/2019, 04/02/2019 from “care<care@irctc.co.in” as per which the refund of amount of Rs.19,100/- has been refunded on 11/12/2018 and Rs.60/-on 07/12/2018 vide Bank refund transaction ID -Rev-829019323048, OP-2 on the other hand has denied any receipt of refund by OP-1. They have also issued a certificate dated 29/03/2019 by Branch Manager, stating that “IRCTC refunded Rs.19,100/- and Rs.60/- has not received in account 20112312380 of Mr. Amit Ray till today”.

16.     If we look at the final status of IRCTC/R/2019/50396, which is a reply of RTI, it has been stated that the refund had been initiated to the bank on 07/12/2018, with request to contact the card issuing bank.

17.     The complainant has also placed on record RTI dated 10/01/2023, where the complainant has asked a quesstion with respect to the refund of Rs.19,100/- & Rs.60/- thereby seeking information, whether the said amount was with SBI, the response to which is “Yes” since 12/12/2018, and the same was in “Branch General Ledger (BGL Account)”.  Thus, it is clear that the said amount was refunded by OP-1 on 12/12/2018 and since then the same was lying in “Branch General Ledger (BGL Account) of the OP-2.

18.     Even as per the emails filed on record, the said amount of Rs.19,160/- has been credited to the account of the complainant only on 26/05/2022 that too after deliberation by the complainant and OP-1.

19.     Once, OP-1 has initiated refund on 07/12/2018, there is no deficiency in services on their part.  However, the omission on the part of OP-2 to credit the refund to the account of the complainant despite the fact that the same was received by them. As, the said amount was credited after almost 4 years 6 months to the account of the complainant amounts to deficiency in service.

Therefore, in the facts and circumstances of the present complaint and in the interest of justice, we direct OP-2 to pay interest @7% p.a. on Rs. 19,160/- from 07/12/2018 (date of refund initiated by OP-1) to 26/05/2022 (date of credit to the account of complainant). We further award compensation of Rs.1,500/- on account of mental harassment and agony.

This order be complied within 30 days from the date of receipt of this order else, compensation of Rs. 1,500/- shall also carry an interest @7% per annum from the date of order till realisation.

Office is directed to supply the copy of this order to the parties as per rules.  Order be also uploaded on the website.  Thereafter, file be consigned to the record room.

 

 

(Harpreet Kaur Charya) Member

(Divya Jyoti Jaipuriar)                                President