CONSUMER DISPUTES REDRESSAL FORUM – X

GOVERNMENT OF N.C.T. OF DELHI

Udyog Sadan, C – 22 & 23, Institutional Area

(Behind Qutub Hotel)

New Delhi – 110 016

Case No.811/2005

MR. B.K. MALICK

S/O SH. H.K. MALICK

R/O D-510, JAITPUR EXTENSION,

BADARPUR, NEW DELHI

…………. COMPLAINANT                                                                                     

                                    VS.

NORTHERN RAILWAY

THROUGH THE GENERAL MANAGER

BARODA HOUSE, NEW DELHI

      …………..RESPONDENT

                                                                                             Date of Order: 17.10.2016

O R D E R

A.S. Yadav – President

The case of the complainant is that on 14.08.2004 he booked a return ticket from Darbhanga(Bihar) railway station to New Delhi.  The said ticket was in respect of Swatantra Superfast Express by PNR No.2204997593 for eight persons including 70 years old senior citizen and three children below the age of four years.  Complainant reached Darbhanga railway station on 21.08.04 alongwith eight members of the family where he came to know through Station Master of Darbhanga railway station that for the last one month, the train is not departing from Darbhanga Junction but it is starting from Samstipur.  Complainant and his family members had booked two taxis from Dargbhanga to Samstipur railways station and reached Samstipur railway station and there he has been told that the train will now start form Muzaffarpur instead of Samastipur and the Manager told that the persons sitting in Darbhanga is misguiding the passengers often like his.  It is stated that if the train was not departing from Darbhanga how the person at Tughlakabad, New Delhi railway station issued the tickets from Darbhanga.  Due to the mistake of the person who has booked the ticket, the complainant and his family members suffered mental agony, physical torture.  It is stated that it is a case of deficiency in service on the part of OP.  It is prayed that OP be directed to refund Rs.1683/- as ticket charges, Rs.2000/- as taxi charges and Rs.95,000/- as compensation.

OP in its reply took the plea that this Forum has no jurisdiction to entertain the complaint in view of section 13(1)(d) of Railway Claims Tribunal Act 1987.  On merit it is stated that as per the requisition filled in by complainant, he initially mentioned Samastipur and later changed it to Darbhanga.  In fact para 1 to 4 of the complaint are admitted.  It is stated that due to heavy flood and washing away of railway tracks, there was complete disruption of rail traffic and the situation was critical and was not normalized upto the date of departure of the complainant and complaint was fully aware of the situation and has asked for reservation to Darbhanga and the same was issued by the reservation staff.  It is stated that there is no deficiency in service on the part of OP hence the complaint be dismissed.

We have heard Ld. Counsel for the parties and carefully perused the record. 

So far as jurisdiction of the Forum is concerned, it is significant to note that the complainant is not only seeking refund of the fare i.e. Rs.1683/- but also seeking the amount spent by him on taxi from Darbhanga to Samastipur and seeking compensation to the tune of Rs.50,000/- and also seeking compensation for delay in reporting to duty and for loss of baggages also.  In fact it is an admitted fact that the reservation was done for return journey which was to be undertaken from Darbhanga railway station.  Complainant has specifically alleged that in fact for the last one month trains were not departing from Darbhanga.  This fact was very well known to the person who booked the tickets at the railway counter.  The contention of the Railway is that on account of heavy rain the trains were not departing from Darbhanga. 

In fact the identical question arose before the Hon’ble National Commission in case of U.O.I. through DRM, Sealdah Division (ER), Kolkata & Anr. Vs Susanta Kumar Saha - 1 (2014) CPJ 374 (NC) - In that case the journey was to be performed on 11.10.11 from Kharagpur to Puri and when the complainant went to Kharagpur station to board the train, he was informed that the train will not be touching the kharagpur station as the route has been diverted since May 2010.  In that case plea taken by the Railway was that it was case of “force majeure” as the route of the train was diverted for the time being due to Naxalite attack/accident of Gyaneswari Express.  In that case the plea was also taken that the case is barred by section 13 and 15 of Railway Claims Tribunal Act 1987.  It was held that complainant is not seeking refund of fare but seeking compensation. 

In the present case it is true that complainant is seeking refund of fare and also seeking refund of amount spent by him on taxi and also claiming compensation.  Even if complainant is denied refund of fare even then the present complaint is maintainable.  So far as compensation is concerned, it is clear cut case of deficiency in service on the part of Railway.  The person who booked the ticket at railway counter should have known that in fact the train was not departing from Darbhanga for the last one month and despite that he issued ticket from Darbhanga.  There were eight family members of complainant out of which one person was senior citizen and three were children and the rest were adult. 

We are of the view that the present complaint is not barred u/s 13 of Railway Claims Tribunal Act, 1987. 

We, after taking into consideration the facts and circumstances of the case, award a compensation of Rs.10,000/- to the complainant.  That amount be paid with interest @ 9% from the date of the filing of the complaint.

Let the order be complied within one month of the receipt thereof.  The complaint stands disposed of accordingly.

            Copy of order be sent to the parties, free of cost, and thereafter file be consigned to record room.

     (D.R. TAMTA)                     (RITU GARODIA)                        (A.S. YADAV)

        MEMBER                               MEMBER                                  PRESIDENT