This is a complaint filed under section 12 of consumer protection act for an order directing the opposite parties to pay  `3,00,000  as compensation.

          The complainant contended that he along with his friend reserved for a journey by means of rail on  16.03.2011 to Thalassery-Chennai, Haura _ Ahammadabad, Ahamamadabad-Delhi through 1^st  opposite party by giving an amount of `2134.The opposite parties handed over tickets to the complainant for journey through train No.12602, 12916, 13111. Accordingly the complainant had boarded to train No.12602 ad the ticket examiner examined the ticket from Badagara and informed the complainant that the tickets were cancelled one and the complainant was compelled to travel in general compartment. But the opposite parties kept mum when the complainant contacted them. But the complainant was compelled to travel in the general coach and also by paying fine in reservation coach also due to his urgency. Due to the sufferings at the time of his journey he was affected with jaundice and was under the treatment for months.  The opposite parties cancelled the tickets and received the amount without the knowledge and consent of the complainant. This is unfair practice and deficiency in service of the opposite parties. Due to the deficient service of opposite parties the complaint had suffered mental, financial and physical hardship. Hence this complaint.

          In pursuance to the notice issued by the Forum opposite parties 2 and 3 appeared and filed their version. 1^st opposite party remains absent even though proper notice was served upon him and he was called absent and set exparte.

          Opposite parties 2 and 3 filed version denying the contentions that the complainant had booked for tickets on 16.3.11. The opposite parties 2 and 3 contended that they have neither received any amount from them nor issued any tickets to the complainant. The story narrated in the complaint is a concocted one and hence opposite parties 2 and 3 has no liability to pay any amount to the complainant. The opposite parties have never contacted the complainant and hence have not made any offer to settle the matter. There is no consumer relationship with the complainant and hence the opposite parties 2 and 3 have no liability to pay any compensation or any amount to the complainant and hence the complaint is liable to be dismissed.

          Upon the above pleadings the following issues have been raised for consideration.

1. Whether there is any deficiency on the part of opposite

     Parties?

2. Whether the complainant is entitled for the remedy as

    prayed in the complaint?

3. Relief and cost.

The evidence consists of the oral testimony of PW1 and Exts.A1 to A7.

Issue Nos. 1 to 3

          The complainant contended that he along with one of his friends have booked for a  journey from Thalassery to Chennai, Haura to Ahammadabad and from Ahammedabad to Delhithrough opposite parties and paid `2134 to 1<sup>st</sup>  opposite party and they handed over the traveling documents to the complainant. But during the course of his traveling the ticket examiner checked the tickets and confirmed that the ticket were already cancelled and hence the complainant and his friends suffered  lot, and all these  wee caused due to the negligent and deficient  service of opposite parties. In order to prove his case he was examined as  PW1 and produced documents such as electronic reservation slips four in numbers, ticket dt. 16.3.11, excess fare ticket dt.17.3.11, tickets dt.26.3.11, 27.3.11, 28.3.11, 29.3.11, 30.3.11, postal receipts dt.7.6.11, copy of lawyer notice dt.6.6.11, postal acknowledgements and reply notice dt.22.6.11 etc. According to opposite parties 2 and 3   the complainant was not reserved any tickets before them and no such payment from the complainant was received by them. The complainant has not produced any document to show that opposite parties 2 and 3 has received ticket charge. Above all the complainant   deposed before the Forum that “ ss]k sImSp¯XpT ticket reserve sNbvXXpT 1<sup>st</sup> opposite party BbXpsIm­v 1<sup>st</sup> opposite party BWv \jvS]cnlmcT Xtc­Xp F¶p ]dªm icnbmWv”. So the complainant’s restricted his claim against 1<sup>st</sup> opposite party only so we are of the opinion that the complainant failed to establish the case against opposite parties 2 and 3 and hence they have no liability to pay any amount to the complainant. On the other hand 1<sup>st</sup> opposite party has not turned up before the Forum and the complainant contended that the 1<sup>st</sup> opposite party has to pay the amount to him. The complainant deposed before the Forum that “  Rm\pT Fsâ kp{l¯pT _nkn\Êv Bhiy¯n\p bm{X sN¿p¶Xn\p 1<sup>st</sup> opposite party Øm]\¯n  2134cq] AS¨v  book sNbvXp F¶p ]dªm icnbmWv. ss]k sImSp¯t¸mÄ Xs¶ 1<sup>st</sup> opposite party Øm]\T ticket DT A\p_Ô tcJIfpT At¸mÄ Xs¶ X¶ncp¶p.”. He further deposed that “ Ticket tF¸n¨XpT In«nbXpT 1<sup>st</sup> opposite party sbbmsW¦n cancel sNbvXp ss]k hm§nbn«ps­¦n AXpT   1<sup>st</sup> opposite party BsW¶p ]dªm  icnbmbncn¡pT”. So the complainant has restricted his claim against 1<sup>st</sup> opposite party and the 1<sup>st</sup> opposite party has not turned up to put forward his contention and to substantiate his case. This itself shows the  unfair practice of 1<sup>st</sup> opposite party and hence we are of the opinion that 1<sup>st</sup> opposite party is liable to  refund `2134 to the complainant along with cost and compensation to the complainant. The complainant has not produced any documents to show that he was suffered from jaundice due to the after effect of the deficient service of 1^st opposite party. Anyway it is true that the complainant has suffered some inconvenience and for which the 1^st opposite party is liable to pay `5000 as compensation, cost along with the refund and passed orders accordingly. Opposite parties 2 and 3 are exonerated from liability.

                    In the result, the complaint is allowed directing the 1^st opposite party to pay `5,000 (Rupees Five  thousand    only) as compensation, cost and refund to the complainant within one month from the date of receipt of this order, failing which the complainant can execute the order as per the provisions of consumer protection act.

                             Sd/-                  Sd/-

                     President                Member   

  APPENDIX

Exhibits for the complainant

A1. Copy of the Electronics reservation slips

A2.Railway tickets

A3.Excess fare ticket receipt issued by Railway

 A4. Postal receipts

A5. Copy of the lawyer notice sent to Ops

A6. Postal AD cards

A7.Reply notice sent by  Ops 2 & 3

Exhibits for the opposite parties:

Nil

Witness examined for the complainant

PW1.Complainant

Witness examined for the opposite parties

Nil

                                                       /forwarded by order/

                                                          Senior Superintendent

Consumer disputes Redressal Forum, Kannur.