Order by:
Sh.Amrinder Singh Sidhu, President
1. This Consumer Complaint has been received by transfer vide order dated 26.11.2021 of Hon’ble President, State Consumer Disputes Redressal Commission, Punjab at Chandigarh under section 48 of CPA Act, vide letter No.04/22/2021/4 C.P.A/38 dated 17.1.2022 from District Consumer Commission, Ludhiana to District Consumer Commission, Moga to decide the same in Camp Court at Ludhiana and said order was ordered to be affected from 14th March, 2022.
2. The complainants have filed the instant complaint under section 12 of the Consumer Protection Act, 1986 (now section 35 of Consumer Protection Act, 2019) on the allegations that on 16.06.2017 the complainants got booked the railway tickets (First AC) of train No.12925/ Paschim Express online from Bandra Terminus to Ludhiana for 27.08.2017 and paid an amount of Rs.4980/- to the Opposite Parties. On 26.08.2017 the complainants packed their luggage to board the train on the following day i.e. 27.08.2017. However, all of a sudden, the Opposite Parties sent message on 26.08.2017 at about 7 PM to the effect that train No. 12925 has been cancelled due to unavoidable circumstances and even no proper reason was explained therein and this message was sent by the Opposite Parties just few hours prior to the schedule time. After that, the complainant No.1 went to Bandra Railway station to confirm the aforesaid facts and the officials of the Opposite Parties confirmed the same and assured that the fare charges of Rs.4980/- shall be returned to the complainants soon as due to cancellation of train, the booking automatically stands cancelled and there is no need of any specific request in that regard. Since the message was sent one day prior to the scheduled time that too in the evening, so the complainants were embarrassed to a great extent because they had to come back to Ludhiana urgently, so having no other alternative, the complainants got booked air tickets online and paid a huge amount of Rs.24,152/- and Rs.2100/- totaling amounting to Rs.26,252/-. The air tickets were got booked in urgent quota, so the complainants had to pay excess amount keeping in view the critical condition of Smt.Sarita Sablok (since deceased during the pendancy of the present complaint due to cancer). It is pertinent to mention over here that the doctor has advised complete bed rest to Smt.Sarita Sablok (since deceased) that is why the complainant had got booked the railway tickets of first AC (Sleeper Class) so as to avoid any unnecessary harassment and humiliation, but due to the said act of the Opposite Parties, the complainants had to suffer a great harassment because they had to reach airport atleast 2 hours prior to the scheduled time of flight which was fixed at 11.40 AM. The complainants had to sit at the airport for long period of two hours and due to this reason, the health of Sarita Sablok (now deceased) was deteriorated. Moreover, the flight was only upto Chandigarh and from Chandigarh, the complainants had to board a private taxi to reach Ludhiana by spending an amount of Rs.2500/-. Added to it, the irresponsible act and conduct of the Opposite Parties is clear from the fact that after sending the message of cancellation of train, they gain sent message that the train has been restored. It clearly shows that the officials of the Opposite Parties are not working as per the ethics, rules and regulations and they are acting without any confirmed decisions. In this way, the Opposite Parties failed to render the requisite services to the complainant and the complainant suffered huge mental tension and harassment due to the negligence on the part of the Opposite Parties. Vide instant complaint, the complainant has sought the following reliefs.
a) The Opposite Parties may be directed to refund the amount of Rs.4980/- alongwith interest and also to pay air tickets charges of Rs.26,252/- besides taxi charges of Rs.2500/- and also to pay compensation of Rs.10 lakhs for harassment, mental agony as well as Rs.55,000/- as legal expenses or any other relief to which this District Consumer Commission may deem fit be also granted.
3. Opposite Parties appeared through counsel and contested the complaint by filing the written version taking preliminary objections therein inter alia that the complaint filed by the complainant is not maintainable and is liable to be dismissed. The present complaint is bad for misjoinder of necessary parties as the complainant has purchased the ticket from IRCTC. Moreover, the complainant had neither applied for the refund of fare or not submitted TDR Form for the refund of the fare. Moreover, the number of trains were cancelled alongwith train in question, due to the law and order situation in Punjab and Haryana. The complainant can get the refund of fare by filing TDR Form in IRCTC as per rules of refund of fare and as such, the present complaint is liable to be dismissed. On merits, the Opposite Parties took up almost the same and similar pleas as taken up by them in the preliminary objections and as such, there is no deficiency in service on the part of the Opposite Parties and the complaint may be dismissed with costs.
4. In order to prove their case, the complainant has tendered into evidence affidavits Ex.CA and Ex.CB alongwith copies of documents Ex.C1 to Ex.9 and closed the evidence on behalf of the complainants.
5. On the other hand, to rebut the evidence of the complainant, Opposite Parties also tendered into evidence the affidavit of Ex.RW/1 alongwith copies of documents Ex.R1 and Ex.R2.
6. We have heard the ld.counsel for the parties and also gone through the documents placed on record.
7. Ld.counsel for the Complainant has mainly reiterated the facts as narrated in the complaint and contended that on 16.06.2017 the complainants got booked the railway tickets (First AC) of train No.12925/ Paschim Express online from Bandra Terminus to Ludhiana for 27.08.2017 and paid an amount of Rs.4980/- to the Opposite Parties. On 26.08.2017 the complainants packed their luggage to board the train on the following day i.e. 27.08.2017. However, all of a sudden, the Opposite Parties sent message on 26.08.2017 at about 7 PM to the effect that train No. 12925 has been cancelled due to unavoidable circumstances and even no proper reason was explained therein and this message was sent by the Opposite Parties just few hours prior to the schedule time. After that, the complainant No.1 went to Bandra Railway station to confirm the aforesaid facts and the officials of the Opposite Parties confirmed the same and assured that the fare charges of Rs.4980/- shall be returned to the complainants soon as due to cancellation of train, the booking automatically stands cancelled and there is no need of any specific request in that regard. Since the message was sent one day prior to the scheduled time that too in the evening, so the complainants were embarrassed to a great extent because they had to come back to Ludhiana urgently, so having no other alternative, the complainants got booked air tickets online and paid a huge amount of Rs.24,152/- and Rs.2100/- totaling amounting to Rs.26,252/-. The air tickets were got booked in urgent quota, so the complainants had to pay excess amount keeping in view the critical condition of Smt.Sarita Sablok (since deceased during the pendancy of the present complaint due to cancer). It is pertinent to mention over here that the doctor has advised complete bed rest to Smt.Sarita Sablok (since deceased) that is why the complainant had got booked the railway tickets of first AC (Sleeper Class) so as to avoid any unnecessary harassment and humiliation, but due to the said act of the Opposite Parties, the complainants had to suffer a great harassment because they had to reach airport atleast 2 hours prior to the scheduled time of flight which was fixed at 11.40 AM. The complainants had to sit at the airport for long period of two hours and due to this reason, the health of Sarita Sablok (now deceased) was deteriorated. Moreover, the flight was only upto Chandigarh and from Chandigarh, the complainants had to board a private taxi to reach Ludhiana by spending an amount of Rs.2500/-. Added to it, the irresponsible act and conduct of the Opposite Parties is clear from the fact that after sending the message of cancellation of train, they gain sent message that the train has been restored. It clearly shows that the officials of the Opposite Parties are not working as per the ethics, rules and regulations and they are acting without any confirmed decisions. In this way, the Opposite Parties failed to render the requisite services to the complainant and the complainant suffered huge mental tension and harassment due to the negligence on the part of the Opposite Parties.
8. On the other hand, ld.counsel for the Opposite Party has repelled the aforesaid contention of the ld.counsel for the complainant on the ground that the complainant had neither applied for the refund of fare or not submitted TDR Form for the refund of the fare. Moreover, the number of trains were cancelled alongwith train in question, due to the law and order situation in Punjab and Haryana. The complainant can get the refund of fare by filing TDR Form in IRCTC as per rules of refund of fare and as such, the present complaint is liable to be dismissed. But we do not agree with the aforesaid contention of the Opposite Parties. Perusal of the record shows that Smt.Sarita Sablok wife of Jagdeep Kumar complainant No.1 was suffering from cancer and keeping in view the safety measure and sleeping seat, the complainant booked the railway tickets (First AC) of train No.12925/ Paschim Express online from Bandra Terminus to Ludhiana for 27.08.2017 and paid an amount of Rs.4980/- to the Opposite Parties. On 26.08.2017 the complainants packed their luggage to board the train on the following day i.e. 27.08.2017. It is also not disputed that the Opposite Parties sent message on 26.08.2017 at about 7 PM to the effect that train No. 12925 has been cancelled due to unavoidable circumstances and even no proper reason was explained therein and this message was sent by the Opposite Parties just few hours prior to the schedule time. After that, the complainant No.1 went to Bandra Railway station to confirm the aforesaid facts and the officials of the Opposite Parties confirmed the same and assured that the fare charges of Rs.4980/- shall be returned to the complainants soon as due to cancellation of train, the booking automatically stands cancelled and there is no need of any specific request in that regard. Since the message was sent one day prior to the scheduled time that too in the evening, so the complainants were embarrassed to a great extent because they had to come back to Ludhiana urgently, so having no other alternative, the complainants got booked air tickets online and paid a huge amount of Rs.24,152/- and Rs.2100/- totaling amounting to Rs.26,252/-. As such, due to the compelling circumstances and keeping in view the serious ailing condition of Sarita Sablok (since deceased), the air tickets were got booked in urgent quota, so the complainants had to pay excess amount keeping in view the critical condition of Smt.Sarita Sablok (since deceased during the pendancy of the present complaint due to cancer). It is pertinent to mention over here that the doctor has advised complete bed rest to Smt.Sarita Sablok (since deceased) that is why the complainant had got booked the railway tickets of first AC (Sleeper Class) so as to avoid any unnecessary harassment and humiliation, but due to the said act of the Opposite Parties, the complainants had to suffer a great harassment because they had to reach airport atleast 2 hours prior to the scheduled time of flight which was fixed at 11.40 AM. The complainants had to sit at the airport for long period of two hours and due to this reason, the health of Sarita Sablok (now deceased) was deteriorated. Moreover, the flight was only upto Chandigarh and from Chandigarh, the complainants had to board a private taxi to reach Ludhiana by spending an amount of Rs.2500/-. Hence, keeping in view the aforesaid facts and circumstances and due to no refund of the fare of the railway tickets despite lapse of about 5 years and the complainant No.1 is wandering here and there for the redressal of their grievance and not only this, due this period, the Opposite Party No.1 also lost his wife (Smt.Sarita Sablok, previous complainant No.2), but still, the Opposite Parties did not bother to redress the grievance of the complainants.
9. In their complaint, the complainants have prayed for relief before this District Consumer Commission to direct the Opposite Parties to refund the amount of Rs.4980/- alongwith interest and also to pay air tickets charges of Rs.26,252/- besides taxi charges of Rs.2500/- and also to pay compensation of Rs.10 lakhs for harassment, mental agony as well as Rs.55,000/- as legal expenses, but we are of the view that the claim for compensation to the tune of Rs.10 lakhs appears to be exorbitant and excessive. The rationale behind grant of compensation has been to compensate a party of the loss occasioned by it. It is none of the intention of the legislature while legislating the Consumer Protection Act to enrich a particular party at the cost of the other. The compensation has to be awarded in commensuration with the loss occasioned to the complainant. In our considered view, ends of justice would be fully met if the complainant is awarded lump-sum compensation to the tune of Rs.20,000/- besides refund of amount of railway tickets and we award the same accordingly.
10. In view of the aforesaid facts and circumstances of the case, we allow the complaint of the complainant against the Opposite Parties and the Opposite Parties are directed to refund the amount of Rs.4,980/- (Rupees four thousands nine hundred eighty only) i.e. railway ticket fare and also to pay Rs.20,000/- (Rupees twenty thousands only) as lumpsum compensation to the complainants alongwith interest @ 8% per annum from the date of filing the complaint i.e. 14.09.2017 till its actual realization. Compliance of this order be made by the Opposite Party within 45 days from the date of receipt of the copy of this order, failing which the Complainants shall be at liberty to get the order enforced through the indulgence of this Commission. Copies of the order be furnished to the parties free of cost by District Consumer Commission, Ludhiana and thereafter, the file be consigned to record room after compliance.
11. Reason for delay in deciding the complaint.
This Consumer Complaint was originally filed at District Consumer Disputes Redressal Forum (Now Commission) at Ludhiana and it keep pending over there until Hon’ble State Consumer Disputes Redressal Commission, Punjab vide letter No.04/22/2021/4 C.P.A/38 dated 17.1.2022 has transferred the instant Consumer Complaint alongwith Other Complaints to District Consumer Commission, Moga with directions to work on this file onward from 14th March, 2022 and accordingly District Consumer Commission, Moga has decided the present complaint today i.e.23.05.2022 at Camp Court, Ludhiana, as early as possible as it could decide the same
Announced in Open Commission at Camp Court, Ludhiana.
Dated: 23.05.2022.
