Delhi

North West

CC/550/2024

NEERAJ KUMAR - Complainant(s)

Versus

ONE 97 COMMUNICATION LTD & ANR. - Opp.Party(s)

RASHMI AGGARWAL

04 Nov 2024

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION-V, NORTH-WEST GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
 
Complaint Case No. CC/550/2024
( Date of Filing : 09 Aug 2024 )
 
1. NEERAJ KUMAR
B-7, HOUSE NO.10, SECTOR 17, ROHINI NEW DELHI
NORTH
DELHI
...........Complainant(s)
Versus
1. ONE 97 COMMUNICATION LTD & ANR.
ONE SKYMARK, FLOOR NO.6TH TO 22ND, TOWER-D, PLOT NO. H-10B, SECTOR-98, NOID
NORTH
DELHI
2. INDIAN RAILWAY CATERING AND TOURISM CORPORATION
STATESMAN HOUSE, BARAKHAMBA
NEW DELHI
DELHI
3. INDIAN RAILWAY CATERING AND TOURISM CORPORATION
STATESMAN HOUSE, BARAKHAMBA ROAD NEW DELHI
NORTH WEST
DELHI
............Opp.Party(s)
 
BEFORE: 
  RAJESH PRESIDING MEMBER
 
PRESENT:
 
Dated : 04 Nov 2024
Final Order / Judgement

ORDER

04.11.2024

 

 

SH. RAJESH, MEMBER.

  1. Present complaint has been filed by complaints seeking a direction to the opposite party to refund a sum of Rs. 832/- alongwith compensation for mental agony and harassment due wrongful refund of price of tickets booked by OPs.
  2. It is stated that on 17.04.2024 the complainant had booked an Indian Railway confirmed ticket through OPs for 27.04.2024 for a journey from Prayagraj to Anand Vihar by paying a sum of Rs 1422.75. 
  3. It is stated that on scheduled date of travel i.e. 27.04.2024 the train got delayed by more than 11 hours. Therefore the complainant got cancelled the same and sought refund however instead of full refund he received only Rs. 590/- with a deduction of Rs. 832/- against the said cancellation against the cancellation and refund rules of IRCTC.
  4. Therefore complainant has preferred present complaint seeking redressal of his grievance.
  5. Arguments were heard on admission hearing and matter was reserved for orders.
  6. Perusal of the record shows that complainant has booked an Indian Railway ticket through paytm app of OP1 and IRCTC OP2. Whereas complainant has not impleaded Indian Railway who is the final service provider and is finally responsible to provide refund on cancelled tickets. Therefore the present complaint is not maintainable on account of non joinder of necessary party.
  7. Record also shows that tickets have been booked in the name of Neeraj Sharma whereas complaint has been filed in the name of Neeraj Kumar. Complainant has not clarified the fundamental lacuna in the present complaint in this respect.
  8. In view of above observations and discussions present complaint being not maintainable is dismissed without prejudice to complainant’s right to file fresh complaint as per law.  
  9. Copy of the order be given to the parties free of cost as per order dated 04.04.2022 of Hon’ble State Commission after receiving the application from the parties in the registry.

Order be uploaded on www.confonet.nic.in. File be consigned to Record Room.

Announced in open Commission on 04.11.2024.

 

 

 

 

SANJAY KUMAR                 NIPUR CHANDNA                      RAJESH

PRESIDENT                            MEMBER                             MEMBER

 

 

 
 
[ RAJESH]
PRESIDING MEMBER
 

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