Order No. 12 dt. 16/05/2018
The case in brief according to the complainant is that the complainant made a payment against on line booking of railway tickets through IRCTC web portal for journey from Howrah to New Delhi on 25th December,2016 by HWH-DEL Rajdhani Express. The booking applied for six persons in respect of first ticket and second ticket stood in the name of S. Saha. The complainant noticed that there was successful bank transaction and the payment had been made to IRCTC and the amount was debited from the account of the complainant but the ticket was not delivered to the complainant’s IRCTC web account. After waiting for a day while the complainant noticed that he did not receive the ticket thus he again made another transaction with IRCTC through ICICI bank and he got the ticket in the said transaction. On the basis of the said fact the complainant asked IRCTC for refund of the amount but no step was taken on behalf of IRCTC for which the complainant filed this case praying for direction upon the o.p. for refund of the amount of Rs.20,379/- with compensation of Rs.50,000/- and litigation cost of Rs.350/-.
O.p. contested the case while filing w/v and denied all the material allegations of the complainant. It is stated that two tickets bearing PNR Nos. 655754962 and 6660412529 for journey Howrah to New Delhiby train no. 12301 and the jouney date was December,2016 through IRCTC website against user ID of Sanchu Saha and the user name was Satyajit Saha. The two tickets were booked through IRCTC website against the user ID of Sahchu Saha1974 and the user name was Parnalekha Dasgupta. The disputed matter of not receiving the ticket and not getting refund for non-issuance of ticket Satyajit Saha is an outsider since he did not book those e-tickets through his SBI account which was used by Parnalekha Dasgupta to book those tickets through IRCTC user ID sanchu saha 1974 and user name was Parnalekha Dasgupta. Accordingly, Sanchu Saha has no complete knowledge regarding the matter for which he has filed this complaint case. It is clear that IRCTC user ID sanchu saha and sanchu 1974 were used by Satyajit Saha and Parnalekha Dasgupta respectively but 4 no. of e-tickets booked through the above stated user ID and the amount was debited from the account of Satyajit Saha. Accordingly, it is quite clear that both the occasions the booking of tickets on 16.10.2012 Satyajit Saha was informed by on line system automatically about debiting all the amount from the said account for the payment of the tickets. In all the correspondences Satyajit Saha never reported the user ID sanchu 1974 not the user name Parnalekha Dasgupta through which the two tickets for the journey on 25.12.2016 were generated on payment through Satyajit Saha’s SBI account. It was further stated it is not understandable as to why Satyajit Saha did not declare user ID sanchu 1974 which has automatically raised the dispute because two tickets in question were generated being PNR Nos. 6157534689, 6457535280 against user ID sanchu 1974 and user name Parnalekha Dasgupta. The o.p. has also annexed the booking details with their w/v. the o.p. has also raised as to how Parnalekha Dasgupta with Satyajit Saha’s account without knowing internet banking user name , password and OTP on Satyajit Saha. On the basis of the said fact since the complainant did not come with clear hands and did not make Smt. Parnalekha Dasgupta as a party to this case, therefore, the o.p. prayed for dismissal of the case. it was further stated that Parnalekha Dasgupta used the bank account of Satyajit Saha for purchasing online tickets but most probably she did not communicate the same to Satyajit Saha and for which the opposite complainant unnecessary blame on the o.p. and claimed amount for not providing the ticket s after the lapse of several months from the d ate of the alleged incident. Accordingly, the o.p. prayed for dismissal of the case.
On the basis of the pleadings of the respective parties the following points are to be decided :-
- Whether the complainant purchased online ticket through IRCTC?
- Whether in spite of the payment of the amount the tickets were provided?
- Whether there was any deficiency in service on the part of the o.p.?
- Whether complainant is entitled to get any relief as prayed for?
Decision with reasons :-
All the points are taken up together for the sake of brevity and avoidance of repetition of facts.
The complainant argued that the complainant made a payment of against on line booking of railway tickets through IRCTC web portal for journey from Howrah to New Delhi on 25th December,2016 by HWH-DEL Rajdhani Express. The booking applied for six persons in respect of first ticket and second ticket stood in the name of S. Saha. The complainant noticed that there was successful bank transaction and the payment had been made to IRCTC and the amount was debited from the account of the complainant but the ticket was not delivered to the complainant’s IRCTC web account. After waiting for a day while the complainant noticed that he did not receive the ticket thus he again made another transaction with IRCTC through ICICI bank and he got the ticket in the said transaction. On the basis of the said fact the complainant asked IRCTC for refund of the amount but no step was taken on behalf of IRCTC for which the complainant filed this case praying for direction upon the o.p. for refund of the amount of Rs.20,379/- with compensation of Rs.50,000/- and litigation cost of Rs.350/-.
Ld. Lawyer of the o.p. argued that It is stated that two tickets bearing PNR Nos. 655754962 and 6660412529 for journey Howrah to New Delhi by train no. 12301 and the jouney date was December,2016 through IRCTC website against user ID of Sanchu Saha and the user name was Satyajit Saha. The two tickets were booked through IRCTC website against the user ID of Sahchu Saha1974 and the user name was Parnalekha Dasgupta. The disputed matter of not receiving the ticket and not getting refund for non-issuance of ticket Satyajit Saha is an outsider since he did not book those e-tickets through his SBI account which was used by Parnalekha Dasgupta to book those tickets through IRCTC user ID sanchu saha 1974 and user name was Parnalekha Dasgupta. Accordingly, Sanchu Saha has no complete knowledge regarding the matter for which he has filed this complaint case. It is clear that IRCTC user ID sanchu saha and sanchu 1974 were used by Satyajit Saha and Parnalekha Dasgupta respectively but 4 no. of e-tickets booked through the above stated user ID and the amount was debited from the account of Satyajit Saha. Accordingly, it is quite clear that both the occasions the booking of tickets on 16.10.2012 Satyajit Saha was informed by on line system automatically about debiting all the amount from the said account for the payment of the tickets. In all the correspondences Satyajit Saha never reported the user ID sanchu 1974 not the user name Parnalekha Dasgupta through which the two tickets for the journey on 25.12.2016 were generated on payment through Satyajit Saha’s SBI account. It was further stated it is not understandable as to why Satyajit Saha did not declare user ID sanchu 1974 which has automatically raised the dispute because two tickets in question were generated being PNR Nos. 6157534689, 6457535280 against user ID sanchu 1974 and user name Parnalekha Dasgupta. The o.p. has also annexed the booking details with their w/v. the o.p. has also raised as to how Parnalekha Dasgupta with Satyajit Saha’s account without knowing internet banking user name , password and OTP on Satyajit Saha. On the basis of the said fact since the complainant did not come with clear hands and did not make Smt. Parnalekha Dasgupta as a party to this case, therefore, the o.p. prayed for dismissal of the case. it was further stated that Parnalekha Dasgupta used the bank account of Satyajit Saha for purchasing online tickets but most probably she did not communicate the same to Satyajit Saha and for which the opposite complainant unnecessary blame on the o.p. and claimed amount for not providing the ticket s after the lapse of several months from the d ate of the alleged incident. Accordingly, the o.p. prayed for dismissal of the case.
Considering the submissions of the respective parties it is found from the materials on record that the two tickets bearing PNR nos. 655754962 and 6660412529 were generated through e-ticket system against user name Parnalekha Dasgupta email ID Thus all the points are disposed of accordingly.
Hence, it is ordered,
that the case no.CC/144/2017 is dismissed on contest without cost.
