CC No.607.2015

Filed on 31.03.2015

Disposed on.21.10.2017

BEFORE THE III ADDITIONAL BANGALORE URBAN DISTRICT

CONSUMER DISPUTES REDRESSAL FORUM,

BENGALURU– 560 027.

DATED THIS THE 21^st DAY OF OCTOBER 2017

CONSUMER COMPLAINT NO.607/2015

PRESENT:

Sri.  H.S.RAMAKRISHNA B.Sc., LL.B.

        PRESIDENT

              Smt.L.MAMATHA, B.A., (Law), LL.B.

                     MEMBER

                                         V/S

ORDER

BY SRI.H.S.RAMAKRISHNA, PRESIDENT

1. This Complaint was filed by the Complainants on 31.03.2015 U/s 12 of the Consumer Protection Act, 1986 and praying to pay compensation of Rs.4,50,000/- and other reliefs.

2. The brief facts of the complaint can be stated as under:

In the Complaint, the Complainants alleges that the Complainants decided to go on a trip to Haridwar, Jammu tawi, Amritsar, Jaipur and Ajmer in the Month of February 2014, they booked tickets from Bangalore.  The Circular tickets were confirmed and issued by the Railway Authority to all the Complainants.  The below mentioned are the train numbers and dates for places allotted by the Railway Authority.  The Complainants reached Amritsar on 21.02.2014 and wanted to go to their next destination i.e., to Jaipur.  But, they were shocked to learn that there is no train No.19614 available for which ticket was issued by the Railway Authority in Bangalore.  When the Complainants approached Amritsar Railway Authorities and complained about the issue, the Railway Department instead of solving the problem made the Complainants go around here and there with huge luggage in order to get permission from several officers.  After a long time a ticket collector came and told that there was no such train of No.19614 and admitted that it was their fault for issuing wrong tickets.  The ticket collector then arranged for alternative trains.  He asked the Complainants to board three trains which will eventually take them to Jaipur.  The ticket collector wrote on the tickets with the Railway Authority seal and told the Complainants that this will act as a tickets for all of them for their alternative trains.  The Complainants without any other option were forced to board the trains and reluctantly went to Jaipur by changing three trains on the way.  The Complainants though they had booked for a direct train and good facilitated train to travel from Amritsar to Jaipur, they were forced to board three local passenger train on different platforms to reach Jaipur.  The Complainants had to change trains at mid nights carrying heavy luggage in that chilled weather.  Since they reached Jaipur 10 Hours late at 5.35 p.m on 22.02.2014 by changing three trains they were physically and mentally exhausted after the difficult journey.  They could not stay and enjoy services of previously booked hotels and cabs.  The money paid to the hotels and cabs were wasted and it was a huge loss for the Complainants.  They also paid money for cabs and other hotels.  Since they had to catch a train to Ajmer from Jaipur on the same day at midnight 12.00 a.m they were unable to visit beautiful places in Jaipur.  All the programmes which they planned for in Jaipur with the family was cancelled due the inconveniences caused by the Railway Department. The Complainants are very disappointed because they were unable to enjoy the trip completely.  The Complainants also got issued Legal Notice to the Opposite Party on 28.01.2015 and the same was served on them but they have not compensated these Complainants till today.   Hence, this complaint. 

3.    In response to the notice, the Opposite Party put their appearance through their counsel and filed their version.  In the version pleaded that the complaint is not maintainable for want of Jurisdiction and want of necessary parties, as Union of India has not been made party to the aforesaid proceedings.  The Opposite Party who has been made a party to the proceedings is                        M/s South Western Railway represented by Regional Manager.  There is no such office is available over Indian Railways.  Therefore unless Indian Railways South Western Railway is properly represented the above complaint is not maintainable.    A Circular Journey Ticket is obtained by those persons who are willing to perform round trip, on collection of only base fare without collection of Reservation charges and others charges, within the validity period of the ticket.  The person holding a Circular Journey Ticket is free to perform journey in any of the Mail of his choice as per his convenience, within the validity period, by making reservation of seat berth or in general compartments without any reservation of seat.  Thus, a Circular Journey Ticket is issued based on the itinerary of a person and no assurance of any sought is given by Railways with regard to operation of trains or confirmed accommodation in a particular train as the train and date of travel is chose by the person to suit his convenience.  The said Circular Journey Ticket was obtained at Bangalore, for the stations mentioned on the said ticket.  However, it is not within the knowledge of this Opposite Party that the Complainant had obtained reserved tickets in the trains mentioned in Para 2 of the complaint and traveled by the trains mentioned in the complaint.  The very purpose of issuing the circular journey ticket excluding reservation charges is to allow the passengers to opt for trains of their choice and make reservations in trains which are convenient to them. Therefore, the averment made by the complaint that the tickets were issued from Amritsar to Jaipur in T.No.19614, which did not exist and the Complainant was but the hardship is false and baseless.    The averment made in the complaint that the ticket collector at Amristar informed the Complainant that T.No.19614 did not exist and the tickets were wrongly issued for T.No.19614 is false.   The officials had made necessary alternate arrangements for travel by making necessary endorsements on the ticket.   The endorsement made by the concerned official is “Allowed by the 1^st available train, due to cancellation of train 19614”.  Thus, it is evident that the officials at Amritsar have not informed the Complainants that the T.No.19614 did not exist and wrong tickets were issued.   The Complainants had booked direct train for their travel from Amritsar to Jaipur and they were forced to travel in 3 local passenger trains to reach Jaipur and the Complainants had to undergo lot of physical and mental agony and torture as they had change trains during midnight is false and baseless.  The Complainants could not stay and enjoy the services of previously booked hotels and cabs, the money paid to hotels and cabs were wasted, consequently they were not able to visit the tourist places in Jaipur on account issue of a wrong ticket for train No.19614, which according to Complainant did not exist are false and baseless and there is not an iota of truth as the Complainants have not submitted any documentary proof like bills, reservation receipts for having made prior reservation in hotels for stay and in cabs for sightseeing at Jaipur. The Opposite Party denies the receipt of any legal notice to the Opposite Party as the concerned department which deals with operation of trains and other aspects has not received the notice and moreover the Complainants have issued the notice to a Authority, who does not exist in Railways and as such the averments made to effect that the Legal Notice.   It is admitted that Circular Journey Ticket was obtained from Bangalore City to Bangalore City covering New Delhi, Haridwar, Jammutawi, Amritsar, Jaipur, Amjer, Marwar and Secunderabad.  According to the averments stated in the complaint, the Complainants were to commence their journey from Bangalore on 15.02.2014 and return to Bangalore from Ajmer was on 23.02.2014.   The issuance of Circular ticket does not amount to confirmation of berth or availability of train as the option is given to the passenger to book the tickets according to the availability of trains’ accommodation and to suit their convenience.  The Complainants had obtained reservation on 30.12.2013 at Bangalore for T.No.19614 of 21.02.2014 for travel from Amritsar to Jaipur and as on 30.12.2013, T.No.19614 was in operation and thus the officials at Bangalore were able to issue ticket in T.No.19614 through computerized reservation system for journey commencing on 21.02.2014.   However, due to Winter season and consequent foggy conditions over Northern India, which is a natural phenomena and beyond the control of the Opposite Party, Railways had decided to cancel the operation of T.No.19614 along with several other trains from 29.12.2013 to 16.02.2014 in the larger public interest, taking into account the safety of the passengers and to avoid inconvenience to the travelling public.   Wide publicity was given regarding cancellation of trains to the traveling public vide press release dt.25.10.2013 and same was published in several print/electronic media.  Information regarding cancellation of trains was also notified through several news channels.  Copy of press release dt.25.10.2013.  The press release dt.25.10.2013, another press release was given regarding extension of cancellation of T.No.19614 from 16.02.2014 to 21.02.2014, again on account of prevailing foggy conditions over North India.   As on 30.12.2013, the date on which reservation was obtained by the Complainants in T.No.19614, the subject train was in operation and the allegation made by the Complainant that the Railway officials at Bangalore have issued tickets for a train which did not exist is false and is nothing but a tissue of lies.     It is the duty of any prudent citizen to take sufficient precaution and care to inquire about the weather conditions which would prevail over the place of his travel and thereby effect their travel plan.  When a notification with effect to cancellation of T.No.19614 was given by Railways on 25.10.2013, i.e., almost 02 months prior to date on which ticket was obtained for T.No.19614 on 30.12.2013, the Complainants should have exercised abundant care and precaution while make reservation, as reservation and travel plan was decided by the Complainants having obtained Circular Journey Ticket and the Opposite Party had not given any kind of commitment with regard to their confirmed accommodation in any train.   The Complainants should have considered the fact that when the Railways were cancelling several trains on account of winter and consequent foggy conditions in interest of the safety of the passengers up to 16.02.2014 and this being a annual phenomenon affecting Rail, Air and Road traffic, and thus there was every possibility that due to hostile weather and foggy conditions the trains services would be affected during their period of travel and same would also affect their travel plan.    Information with regard to cancellation or diversion of trains are displayed at the respective stations through enquiry counters, notice boards, electronic display boards, CCTV and through Public Announcement Systems.  Therefore the averment made in the complaint that when the Complainants reached Amritsar, they did not find T.No.19614 for which ticket was issued at Bangalore and no information was available regarding T.No.19614 and thus they were put to hardship is false.  The decision to run a particular train or not to run a train is taken by Railways not suit the convenience of individuals but it is taken in the interest of general public at large.  Railways utmost priority is to safeguard life and property of passengers including the Complainants and not to jeopardize their life by running trains in adverse and unforeseen circumstances such as heavy fog and as such Railway cannot guaranty that a train for which ticket is obtained will run on a day specified on a ticket and time, it is always subject to favourable conditions for operating the same.  The Train No.10614 was cancelled due to unforeseen circumstances as it was impossible to run express trains in a heavy blanket fog covered the area and stations train No.19614 was to pas therefore Railway authorities considering the safety of the passengers took conscious decision not to run express trains that includes the train No.19614.   The Complainants having already planned his journey and booked the tickets took the chance and bought the ticket from Amritsar to Jaipur.  Accordingly, the Complainants had travelled by the passenger train and reached the destination station, for which no additional charges were levied by the Railways.  Therefore to blame the Railways for issuing of ticket for a train which did not exist, when reservation was made by the Complainants as per their convenience and when the Complainants were aware that there is every possibility that their travel plan would be affected on account of weather conditions is without any basis.   It is not the case of the Complainants that on account of cancellation of trains, their journey was cancelled and they were forced to stay Amritsar and consequently the Complainants have missed the train from Ajmer to Bangalore, as the Complainants have submitted in the Complainants that they reached Jaipur and subsequently to Bangalore.  It is also not a case of the Complainants that no alternate arrangement for their travel was made by the Railways and they had to pay additional charges for their travel from Amritsar, as the Complainants have stated that the officials at Amritsar made necessary endorsements were made on the ticket and they were advised to travel by local trains to reach Jaipur without payment of any additional charges.   It is a case of the Complainants that tickets were issued in T.No.19614 did not exist and thereby he was put to hardship.  It is evident from the aforesaid submissions that T.No.19614 was in operation, however it was cancelled due to unforeseen circumstances, which were beyond the control of Railways.   Cancellation of train was not account of any deficiency on the part of Railways but was solely on account of thick fog, affecting the visibility and operation of train services.  The cancellation was not deliberate or intentional.  If weather conditions do not permit the operation of trains, the Opposite Party cannot take the risk and put the passenger’s life at stake.  It was only in the interest of the passengers, express trains were cancelled as they have to run at a particular speed, which is not advisable, considering the safety of the passengers.  In this regard travelling public were also informed well in advance through electronic media, public address system at stations and information was also uploaded on Railway official website.  Therefore under the circumstances that the averments made that the Complainants were surprised and were not aware and no such train was in existence and their ticket was issued for a wrong train is without any basis.  Hence prays to dismiss the complaint.

4. The Opposite Party after filing their version the Complainants impleaded Opposite Party No.2 as Union of India, M/s South Western Railways, General Manger, Hubli, Karnataka. 

5. Eventhough notice was served on Opposite Party No.2, the Opposite Party No.2 fails to put their appearance and filed Memo on 20.07.2016 adopting the version filed by the Opposite Party No.1. 

6. The Complainant No.1, Sri.Parasmal Jain filed his affidavit by way of evidence and closed his side.  On behalf of the Opposite Parties, the affidavit of one Sri.Sridharmurthy N.S has been filed. Heard the arguments of both parties.

7.      The points that arise for consideration are:-

1. Whether the Complainants have proved the alleged deficiency in service by the Opposite Parties ?
2. If so, to what relief the Complainants are entitled?

8.     Our findings on the above points are:-

                POINT (1):-  Affirmative

POINT (2):-  As per the final Order

REASONS

9. POINT NO.1:- As looking into the allegations made in the complaint and the version of the Opposite Parties, it is not in dispute that the Complainants booked Circular tickets in the Month of Februar-2014 to go on a trip to Haridwar, Jammutawi, Amritsar, Jaipur and Ajmer.  It is not in dispute that the Complainants as per schedule reached Amritsar on 21.02.2014.

10. It is further case of the Complainants that the Complainants reached Amritsar on 21.02.2014 and wanted to go to their next destination i.e., to Jaipur.  But, they were shocked to learn that there is no train No.19614 available for which ticket was issued by the railway authority in Bangalore.  When the Complainants approached Amritsar Railway Authorities and complained about the issue, the Railway Department instead of solving the problem made the Complainants go around here and there with huge luggage in order to get permission from several officers.  After a long time a ticket collector came and told that there was no such train of No.19614 and admitted that it was their fault for issuing wrong tickets.  The ticket collector then arranged for alternative trains.  He asked the Complainants to board three trains which will eventually take them to Jaipur.  Even to substantiate this, the Complainant No.1 in his sworn testimony and reiterated the same and produced tickets bearing Nos.75196076, 75196073 and 77453697.  By looking into these tickets, it is very clear that the Complainants booked the tickets to travel from Amritsar to Jaipur on 21.02.2014 in train No.19614, but there was no such train on that day and by looking into these tickets, it is further clear that the Railway Authority made an endorsement on the ticket allow first class A.C coach.    From this evidence, it is very clear that on that day the Complainants are unable to travel from Amritsar to Jaipur in Train No.19614.  On the other hand, they bound to travel from Amritsar to Jaipur in different trains and according to the Complainants they have change three trains in order to reach from Amritsar to Jaipur.  This fact has not denied by the Opposite Parties in their version. 

11. On the other hand, the defence of the Opposite Parties is that the Complainants obtained reservation on 30.12.2013 at Bangalore for T.No.19614 of 21.02.2014 for travel from Amritsar to Jaipur and as on 30.12.2013, T.No.19614 was in operation and thus the officials at Bangalore were able to issue ticket in T.No.19614 through computerized reservation system for journey commencing on 21.02.2014.   However, due to winter season and consequent foggy conditions over Northern India, which is a natural phenomena and beyond the control of the Opposite Parties, Railways had decided to cancel the operation of T.No.19614 along with several other trains from 29.12.2013 to 16.02.2014 in the larger public interest, taking into account the safety of the passengers.   Even by looking into their defence, it is very clear that on that day the Complainants were unable to travel from Amritsar to Jaipur in Train No.19614 and according to the Opposite Parties defence the Train No.19614 was cancelled due to natural phenomenon i.e., fog condition.  The cancellation of Train is in the public interest and safety of the passengers.   If it is so in the event of cancelation of the Train No.19614 from 29.12.2013 to 16.02.2014 the Opposite Parties ought to have informed this to the Complainants by sending sms to their call phone and informed well in time but the Opposite Parties have not taken any such action and it is further defence of the Opposite Parties in order to avoid inconvenience to travelling public.   Wide publicity was given regarding cancellation of trains to the traveling public vide press release dt.25.10.2013 and same was published in several print/electronic media.  Information regarding cancellation of trains was also notified through several news channels and further press release dt.25.10.2013, another press release was given regarding extension of cancellation of T.No.19614 from 16.02.2014 to 21.02.2014, again on account of prevailing foggy conditions over North India.  But in support of this, the Opposite Parties have not placed any evidence, except the interested version of Sri.Sridharmurthy N and the Notification for cancellation of Train by Northern Railway.  But they have not produced any paper publication as the defence taken by the Opposite Parties that this cancellation of trains to the traveling public vide press release dt.25.10.2013, thereby it is not proper to accept the defence taken by the Opposite Parties.  On the other hand, the Opposite Parties themselves the Train No.19614 was not in operation on 21.02.2014, eventhough the tickets were issued to the Complainants to travel on particular day i.e., on 21.02.2014 from Amritsar to Jaipur.  Due to abrupt cancellation of the Train it causes hardship and mental agony to the Complainants.  The Complainants in order to reach Jaipur they have to catch 3 local trains with their luggage, thereby it is amounts to deficiency of service on the part of the Opposite Parties.  But the Complainants have undertaken the journey, they are not entitled with alternative trains, thereby they are not entitled for refund of the value of the ticket.  On the other hand, they are entitled for compensation for causing inconvenience and hardship to them.  Hence, this point is held in the Affirmative. 

12. POINT NO.2:- In the result, for the foregoing reasons, we proceed to pass the following order:

ORDER

The Complaint is partly allowed holding that there is deficiency of service by the Opposite Parties.

The Opposite Parties are directed to pay a sum of Rs.10,000/- as compensation for causing mental agony.

The Opposite Parties are also liable to pay a sum of Rs.5,000/- as cost. 

The Opposite Parties are directed to pay the aforesaid amount within 30 days from the date of receipt of this Order.   Failing which the aforesaid amount will carry interest at 18% p.a. from the date of order, till the date of payment. 

Supply free copy of this order to both the parties. 

   (Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Forum on this, 21^st day of October 2017)

        MEMBER                                             PRESIDENT

LIST OF WITNESSES AND DOCUMENTS

 Witness examined on behalf of the Complainant:

1. Mr.Parasmajain, who being the Complainant has filed his affidavit.

 List of documents filed by the Complainant:

1. Copy of the Main ticket issued to the Complainant No.1 to 3
2. Copy of the Circular Ticket issued to the Complainant No.1 to 3.
3. Copy of the Main ticket issued to the Complainant No.4 to 7.
4. Copy of the Circular ticket issued to the Complainant No.4 to 7.
5. Copy of the Main Ticket issued to the Complainant No.8 & 9.
6. Copy of the Circular ticket issued to the Complainant No.8 & 9.
7. Legal Notice issued by the Complainants to Opposite Party dt.28.01.2015.
8. Postal Receipt
9. Postal Acknowledgement along with interest printout of the service of legal notice.

Witness examined on behalf of the Opposite Parties:

1. Sri.Sridharmurthy, Senior Divisional Commercial Manager of the Opposite Parties by way of affidavit.

List of documents filed by the Opposite Party:

1. Copy of Northern Railway Plans for cancellations.

     MEMBER                                            PRESIDENT