Order dictated by:

Sh.Anoop Sharma, Presiding Member

1.       Sh.Swaran Singh has brought the instant complaint under the Consumer Protection Act, on the allegations that he got booked the seat from Amritsar to Hazoor Sahib through Opposite Party No.2 ticket No.PNR No.270-2100214 dated 17.10.2016 morning time. The seat was booked for three persons namely Swaran Singh, Tejinder Singh and Kawaljit Kaur and thereafter, due to leave not granted, the complainant cancelled the program to visit Hazoor Singh. The complainant requested Opposite Party No.1 through Opposite Party No.2 for cancellation of tickets and to refund the money on 12.10.2016 and handed over the ticket to the Opposite Party No.2, but Opposite Parties did not cancel the ticket and the amount involved in the three tickets was Rs.7446/-. The complainant further approached to the Opposite Party No.2 regarding the refund of the amount of Rs.7446/-, but the Opposite Parties are not listening the just and genuine request of the complainant on the pretext that Opposite Party No.1 has not refunded the amount. Vide instant complaint, the complainant has sought the following reliefs:-

a)       Opposite Parties  may be directed to refund the amount of Rs.7446/- for booking of tickets alongwith interest @ 24% per annum from the date of booking i.e. 17.10.2016 till the refund of the amount.

b)      Opposite Parties  may also be directed to pay Rs.30,000/- as compensation for mental sufferings, harassment and humiliation suffered by the complainant.

c)       Opposite Parties be directed to pay the costs of the complaint.

Hence, this complaint.

2.       Upon notice, Opposite Party No.2 appeared at initial stage, but at the stage of filing the written version, none appeared on behalf of Opposite Parties No.2. Hence Opposite Party No.2 was proceeded against exparte. Similarly, despite due service, none appeared on behalf of Opposite Party No.1, hence Opposite Party No.1 was also proceeded against exparte.

3.       In his bid  to prove the case, complainant tendered  his duly sworn affidavit Ex.C1 in support of the allegations made in the complaint and copies  of  documents Ex.C2 to Ex.C4  and closed the exparte evidence on behalf of the complainant.

4.       We have heard the ld.counsel for the complainant and have carefully gone through the evidence on record.

5.       From the perusal of the evidence on record, it becomes evident that the complainant got booked the seat from Amritsar to Hazoor Sahib through Opposite Party No.2 ticket No.PNR No.270-2100214 dated 17.10.2016 morning time, copy of ticket accounts for Ex.C3. The seat was booked for three persons namely Swaran Singh, Tejinder Singh and Kawaljit Kaur and thereafter, due to leave not granted, the complainant cancelled the program to visit Hazoor Singh. The complainant requested Opposite Party No.1 through Opposite Party No.2 for cancellation of tickets and to refund the money on 12.10.2016 and handed over the ticket to the Opposite Party No.2, but Opposite Parties did not cancel the ticket and the amount involved in the three tickets was Rs.7446/-. The complainant further approached to the Opposite Party No.2 regarding the refund of the amount of Rs.7446/-, but the Opposite Parties are not listening the just and genuine request of the complainant on the pretext that Opposite Party No.1 has not refunded the amount.   On the other hand, though at initial stage, Sh.Vivek Mahajan appeared on behalf of the Opposite Party No.2 on 2.2.2017, but thereafter, none appeared one behalf of Opposite Party No.2 and similarly, none appeared on behalf of Opposite Party No.1 despite due service  and in this way, the Opposite Parties were proceeded against exparte.  As such, the evidence produced by the complainant has gone unrebutted on record. In this way, the Opposite Parties have impliedly admitted the correctness of the allegations made in the complaint. It also shows that Opposite Parties have  no defence to dislodge the complaint. So in such a situation, the  Opposite Parties are  definitely liable to refund the ticket fare to the complainant.

6.       Consequently, the instant complaint succeeds  and the Opposite Parties are jointly and severally  directed to refund the amount of Rs.7446/- for booking of tickets alongwith interest @ 9% per annum from the date of booking i.e. 17.10.2016 till the refund of the amount. Opposite Parties are   also directed to pay Rs.2000/- to the complainant on account of litigation expenses.  The complaint stands allowed accordingly. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.

Announced in Open Forum

Dated: 28.02.2017.