This is an application u/s.12 of the C.P. Act, 1986.
Complainant by filing this complaint has submitted that he bought a railway ticket in his name, through his credit card on 07-01-2014 and ticket was issued from the counter when he bought for reconfirmation at Puri, he found that the ticket was issued in the name of Shri S.K. Chakraborty. At the time of purchase, the name did not appear on the ticket. At Puri Station he was informed by the railway officials that undertaking journey without ticket is a criminal offence and he would be put behind the bars because it is an illegal practice. The complainant by showing his identity proof, demanded a ticket in his name, i.e. Shyamal Kumar Chatterjee but the railway officials of Puri Station declined to do so. Finding no other way, the complainant came back by Satabdi Express by spending extra money and by cutting down his trip.
Complainant approached South Eastern Railway for refunding his expenses because it was caused due to silly mistake of the railway employee. So, he demanded refund of his entire expenses during that journey. But the complainant is yet to get the refund of his expenses and any compensation. Complainant contacted with Mr. M.M. Das at Koilaghat and Mr. M.R. Parui, Assistant Secretary, Public Grievance, but they are not interested enough to redress his grievance. He also contacted with other officials for solving his problem, but they are not inclined to attend him. The complainant has submitted indemnity bond to one clerk of the Railway Office, but till date he received no response from their end. If there was any discrepancy, the Railway office should have informed the complainant and called him for any correction, but nothing of this sort happened. On 18-08-2014 the complainant received a letter from Mr. M.M. Das, Assistant Commercial Manager (Refund), S.E. Railway stating that the refund was not made due to non-compliance by the complainant. Complainant also went to the Assistant Director, CA&FBP, but there was no settlement between two parties.
The complainant prays for refund of cost of ticket for himself which amounts to Rs.405/- refund of the cost of Satabdi ticket, i.e. Rs.1,308/-. He also prays for Rs.50,000/- as compensation and Rs.2,000/- as litigation cost.
In this case, notice of the complaint was served upon the Ops on 13-02-2015. It is evident from the postal internet track report that the OPs have received the notice on 13-01-2015 and on 26-02-2015, the date was fixed for appearance of the OPs. But the OPs did not turn up, they did not file any written version or e-chief. Complainant filed e-chief on 25-02-2015. Complainant sent copy of e-chief to the OPs by speed post so that OPs can file questionnaire, but on 20-03-2015 the OPs failed to turn up and no questionnaire has filed. It is evident from the attitude of the OPs that they are very much reluctant to attend and file necessary documents. Earlier, the complainant also sent several letters, but they did not reply. They even did not turn up for a single day to the Forum. So, the case is fixed for ex parte hearing and gradually we proceeded for judgement.
Decision with Reasons
On proper evaluation of the complaint petition and other documents it is undisputed fact that the complainant started his journey for Puri along with his wife, but due to mistake of the Railway Officials, his surname was wrongly printed on the documents maintained by Railway staff while the complainant detected that his name was printed as Shyamal Kumar Chakraborty, instead of Shyamal Kumar Chatterjee, he informed the Railway Officials of Puri, but they were helpless. Finding no other way, the complainant cancelled his wife’s ticket and both of them came back boarding Janashatabdi Express on 26-01-2014. His trip was disturbed due to unwanted problem for which complainant is not held responsible. Furthermore, the complainant cancelled his wife’s ticket, rather, he was compelled to cancel his wife’s ticket, but he had to pay the cancellation charge. The fault lies on the Railway Authority and the innocent passengers have to fall prey of the whim of the railway officials. Complainant’s wife accompanied him when they reached Puri when the complainant was unable to undertake journey from PUri to Kolkata by the earlier ticket then the complainant’s wife’s tickets had to be cancelled. But the railway authority charges cancellation fee against the cancellation of his wife’s ticket, then they boarded Janashatabdi Express for coming back from Puri. But the complainant did not get refund of his earlier ticket. It is evident from several correspondences that the complainant’s surname was printed as Chakraborty, instead of Chatterjee, but still the railway officials are taking time to settle the matter. They are very much negligent to redress the complaint.
Complainant bought his ticket through his credit card. The Axis Bank Credit Card No. is 4718 6003 0034 3094. At the time of purchasing the ticket, he received a print out. The Railway Officials might be sure about the purchase if the credit card print out was produced. But writings of the slips get blurred after few months. So, the complainant could not show that evidence, though he produced his credit card no. to Chief Commercial Manager (Refund). But the Railway Officials demanded indemnity bond on Rs.10/- Non-Judicial stamp paper and bank charge slip. In a letter dated 25-04-2014 from the office of the Chief Commercial Manager, complainant was informed that if he is unable to produce the documents mentioned above, his claim cannot be settled. After production of all those documents, the complainant is yet to receive the refund for some unknown reason which is better known to the Railway Officials. OPs must be penalized for their negligent and callous attitude. OPs are responsible for such sort of harassment, mental pain and agony of the complainant. Railway commuters are well aware of the fact that the railway officials are very much negligent in discharging their duties. Their manner of neglecting the customers and not discharging their duties in proper manner simply proves that they have no desire to render services to the passengers. For their deficient and negligent manner of service, the complainant suffered. Till date the complainant did not get minimum service from the OPs. The Railway Authority fails to realize the problem of the complainant. Complainant is a senior citizen, but he went to the Railway Office of M.M. Building for several times. Most surprising factor is that the Railway Authorities are demanding documents from the complainant and the complainant is also keeping track with them, but it took more than one year to solve the problem. Complainant suffered a lot for a simple mistake of the Railway Officials. Complainant had to cancel his earlier journey, his wife, being a senior citizen did not want to undertake journey alone, so the complainant had to cancel his wife’s earlier ticket by giving cancellation charges and he had to buy two new tickets. For all these sorts of activities, the complainant is not held responsible, but the fact is that he is suffering, but railway officials are demanding many documents and they take long time to solve the problem. Really the railway officials are too reluctant to discharge their duties in proper manner at right time. The complainant had to cut short his journey and buy new tickets for their return journey. The complainant, being an innocent citizen did all the formalities for getting back the amount spent, but the Railway Officials hardly bother. The officials of the Railway Department did not care to attend the commuters and help them in the best possible way. On the contrary, they harassed the passengers. In many cases, the passengers are not getting essential services at right point of time. The officials are dragging the matter, the passengers do not get service at proper time. The passengers have to knock at the door of the Railway Department, but he is not always attended. For this negligent and reluctant attitude, the complainant is entitled to get compensation.
In the result, the case succeeds.
Hence,
Ordered
That the case be and the same is allowed ex parte against the OPs with a cost of Rs.5,000/-.
OPs are directed to pay Rs.2,000/- as the cost of tickets.
OPs are directed to pay Rs.10,000/- as compensation for causing harassment, mental pain and agony to the complainant who is a senior citizen.
OPs are directed to pay entire decretal amount within one month from the date of this order failing which for non-compliance of the Forum’s order penal charges at the rateRs.100/- per day shall be assessed till full satisfaction f the decree and if the penal charges is collected, it shall be deposited to the Forum’s account.
Even if it is found OP is unwilling to comply the order, in that case penal proceedings shall be started against the OPs for which further penalty and fine shall be imposed.
