Delhi

New Delhi

CC/963/2013

Sushovan Guha Ray - Complainant(s)

Versus

M/S. IRCTC Head Office - Opp.Party(s)

19 Nov 2018

ORDER

 

 

                            CONSUMER DISPUTES REDRESSAL FORUM-VI

                          (DISTT. NEW DELHI),

                          ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

                                                           NEW DELHI-110001

 

 

Case No.C.C./963/2013                                         Dated:

In the matter of:

Sushovan Gupta Ray,

WZ-86/C, FF/1, Raj Nagar,

Part-II, Palam Colony,

New Delhi-110077.                                                                                                                                                                                                    …… Complainant

 

Versus

 

 

IRCTC Head Office,

9^th Floor, Bank of Baroda Building

16, Parliament Street,

New Delhi-110001                                                                                                                                                                                                    …….Opposite Party

 

PRESIDENT : ARUN KUMAR ARYA

ORDER

The complainant purchased a Railway Reservation Ticket from IRCTC using  complainant’s ID and password for the journey from Sealdah to New Delhi by 12313 Rajdhani Express in AC III for himself, his wife and Daughter on 05/01/2013 vide PNR no. 6213013912,and documents are placed on record. Complainant has checked his mail on 05/01/2013 and found that there was a mail from IRCTC informing  about the cancellation of ticket. On enquiry he came to know that one Sh. Rohit Sharma requested to cancel the reservation ticket through e-mail. It is stated by complainant that he does not know any Rohit Sharma and due to cancellation of Railway ticket he could not undergo the journey on 05/01/2013 as  scheduled. As there were no tickets available in any train, so, he was forced to travel by Indigo Airlines. The cheapest ticket available on 07/01/2013 was purchased by him to undergo the journey. It is alleged that he spent a sum of Rs. 20763/- for himself, his wife and daughter on the air tickets. It is further submitted that he suffered harassment, mental agony due to unauthorized cancellation of tickets by IRCTC on behest of one Sh. Rohit Sharma, and as such he claimed the compensation of Rs. 1,00,000/- for the same.

Complaint has been contested by the OP. It denied any deficiency in services on its part. Both the parties have filed their evidence by way of affidavit. We have heard arguments advanced at the bar and have perused the file.

It is admitted by OP that the reserved tickets of the complainant were cancelled on the request of one Sh. Rohit Sharma through e-mail ID, as the request was received from an ID through which booking was not made, Mr. Rohit Sharma was asked to send user profile details and after considering the case of the complainant as a genuine, an amount of Rs. 3450/- was transferred on 07/01/2013 in the account of the complainant. It is argued by the complainant that although the refund was made by the OP, still he is entitled for the compensation and litigation expenses on account of the mental agony suffered by him as well as on account of the financial loss incurred.

            On perusal of the submission of the parties it is admitted by OP that they have cancelled the reserved tickets on the behest of one Sh. Rohit Sharma and the cancellation request was not made by the complainant. Simply by refunding the cancellation money to the complainant is not suffice, as there was a clear deficient on part of OP in our opinion.

In view of the above, we hold OP guilty of deficiency in services and direct as under:

 

1. Pay a sum of Rs. 19,563/- on account of Air tickets, cancellation of charges of railway tickets.
2. Pay to the complainant sum of Rs.15,000/- toward compensation for pain and  mental agony suffered by him.
3. Pay a sum of Rs.10,000/- towards litigation cost.

 

The order shall be complied with within 30 days of the receipt of the copy of the order. If the said amount is not paid by the OP within a period of one month from the date of receipt of this order, the same shall be recovered by the complainant along with simple interest at the rate of 10% per annum from the date of this order till recovery of the said amount. This final order be sent to server (www.confonet.nic.in ). A copy each of this order each be sent to both parties free of cost by post.

Announced in open Forum on 19/11/2018. 

 

The orders be uploaded on www.confonet.nic.in.

 

 

 

(ARUN KUMAR ARYA)

          PRESIDENT

 

(NIPUR CHANDNA)                                                              (H M VYAS)

       MEMBER                                                                          MEMBER