BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 69 of 2014
Date of Institution : 26.5.2014
Date of Decision : 6.1.2016
- Arjan Dass, aged about 58 years s/o Ram Kumar,
- Manju Devi aged about 55 years, w/o Chaturbuj,
- Santosh Devi, aged about 58 years, w/o Arjan Dass,
- Om Tanwer, aged 60 years s/o Badri Parshad,
- Kiran Devi, aged 58 years w/o Om Tanwer,
…all residents of Ellenabad, distt.Sirsa.
……Complainants.
Versus.
1.Northern West Railway Bikaner Division (Raj) through its Senior Division Commercial Manager, DRM Office, Bikaner.
2. The Senior Divisional Commercial Manager, DRM Office, Bikaner, North West Railway, Bikaner Division (Raj.);
3. Chief Commercial Managr (Refund), North West Railway Jaipur (Raj.).
...…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SMT.GURPREET KAUR GILL……PRESIDING MEMBER.
SHRI RAJIV MEHTA ……… MEMBER.
Present: Ms.Vishu Singla, Advocate for the complainant.
Sh.H.S.Raghav, Advocate for opposite parties.
ORDER
In brief, case of the complainants is that they reserved their railway seats on 16.5.2012 from Haridawar to Hanumangarh Junction for the journey on 27.5.2012 by paying Rs.531/- each i.e. total Rs.2655/- alongwith service charges Rs.20/- extra. But, the Railway provided the seat of only Chaturbhuj (One of the family member of the complainants) and the other five seats booked for journey from Haridwar to Hanumangarh were not provided by the Railway department, despite seats in the train. Thus, the complainant could not reach to their destination at Hanumangarh Junction and were depressed and harassed due to rude behavior of the employees of the Railway department. However, as the complainants were of old aged and all were in the group, on the next morning, they had gone to their destination by arranging a private vehicle and spent approximately Rs.10,000/-. Hence, the complainants are entitled for refund of amount of tickets alongwith compensation for harassment, mental tension, monetary loss and litigation expenses.
2. Opposite parties filed their joint reply and contested the case by pleading that the complainants did not mention that in which train from Haridwar to Hanumangarh they reserved their tickets and from whom the respondent received the amount of Rs.531/- alongwith service charges of Rs.20/-. Complainants also not mentioned in their complaint that in whose office and to whom officials they applied for refund of ticket and when they applied. They have no knowledge regarding the hire of private vehicle by the complainants. If the complainants want to refund the amount of any ticket then he should have filed a claim under appropriate office or tribunal. As per Section 13 and 15 of Railway Claim Tribunal Act 1987 there is no right to this Forum to try and entertain the present complaint. There is no deficiency in service on the part of the opposite parties.
3. In order to make out his case, the complainants have placed on record Ex.C1 to Ex.C6-their own supporting affidavits; Ex.C6-online ticket booking; Ex.C7-transaction details; Ex.C8-Electronic Reservation Slip; Ex.C9 and Ex.C11-request for refund; Ex.C10-its reply; whereas, opposite parties have placed on record Ex.R1-affidavit of Sh.Rajneesh Kumar, Senior Divisional Commercial Manager.
4. We have gone through the record of the case carefully and have heard learned counsel for both the parties.
5. Matter in dispute is that complainants booked six tickets for a group of themselves on 16.5.2012 for the journey 27.5.2012 from Haridwar to Hanumangarh. Railway authorities confirmed only one ticket of Chaturbhuj and provided him seat. Remaining tickets stand in waiting, at the time of boarding. Official of Railway misbehaved with Senior Citizen and female passengers. Without confirmation of seats, complainants have not availed the journey. A long time has been lapsed. Ops have not made the refund to complainants. Complainants prayed for refund and compensation from this Forum.
6. The Ops have taken the vague plea that from where complainants have purchased the ticket and in which train from Haridwar to Hanumangarh they reserved their tickets and from whom the respondent received the amount of Rs.531/- alongwith service charges of Rs.20/-. No doubt, the agency IRCTCs e-Ticketing Service is under the control of Railway department. Railway authority issued the licence to this agency. Railway is the licensee of this agency, this agency is working on behalf of Railway. This agency has governed/followed the instructions issued by the Railway authority. Railway authority is responsible for any act and omission of this agency.
7. We have to decide that whether the complainants are entitled for the refund or not? Ops have not submitted any instructions/circular to show that in the waiting ticket, Railway is not bound to refund the amount of tickets. In absence of any instructions before this Forum, we are constrained to assume that when the tickets of complainants were not confirmed by the Ops and the complainants have not availed the journey, in our view, complainants are definitely entitled for refund. Otherwise, if we examine the document furnished by the complainants, complainants have well proved their case on the file. Ex.C6 to Ex.C8 are ticket booking invoice. From the perusal of Ex.C9, it is proved that the complainant requested the Ops for refund of tickets amount and vide Ex.C10, the Ops replied as under:-
“Dear Customer, Sorry for the inconvenience. Kindly note that your refund case of PNR No.2564272797 has been forwarded to CCM/NWR Railway on 11-Jun-2012. As refund is yet to be received from concerned railway, we have sent a reminder on 7-September-2012 with all the papers pertaining to your refund case to concerned railway. As soon as refund, if any, received, it will be credited to your card account. With regards, TDR TEAM”.
8. This agency has only corresponded with complainants and admitted their claim vide Ex.C10 and not heard their grievances practically by refunding the amount. Moreover, the complainants individually in their duly sworn affidavits Ex.C1 to Ex.C5 have deposed on similar lines in support of their case.
9. For reasons and findings recorded above, we accept the complaint and direct the Ops to refund the amount of fair charges i.e. Rs.2655/-to the complainants i.e. Rs.531/- to each complainant. The Opposite parties are also burdened with cost of Rs.2500/- i.e. Rs.500/- to each complainant for harassment and mental tension etc. The abovesaid amounts be given to the complainants with interest @ 9% per annum from the date of filing of complaint i.e. 26.5.2014 till its realization against proper receipts. Complainants are directed to submit the original ticket certificate (Booking Invoice) to the Railway authority at the time of refund, otherwise to submit their undertaking. A copy of this order be supplied to the parties free of costs. File be consigned to record room after due compliance.
Announced in open Forum. Presiding Member,
Dated:6.1.2016. Member. District Consumer Disputes
Redressal Forum, Sirsa.
Arjan Dass Vs. Northern West Railway
Present: Ms.Vishu Singla, Advocate for the complainant.
Sh.H.S.Raghav, Advocate for opposite parties.
Part arguments heard. For remaining arguments to come up on 6.1.2016.
Dated: 18.12.2015. Member. Presiding Member,
DCDRF,Sirsa.
Present: Ms.Vishu Singla, Advocate for the complainant.
Sh.H.S.Raghav, Advocate for opposite parties.
Arguments heard. Order announced. Vide separate order of even date, complaint has been allowed with cost. File be consigned to record room after due compliance.
Announced in open Forum. Presiding Member,
Dated:6.1.2016. District Consumer Disputes
Redressal Forum, Sirsa.
Member.
