Delhi

East Delhi

CC/671/2014

MAN MOHAM - Complainant(s)

Versus

RAILWAY RESERVATION - Opp.Party(s)

-

27 Aug 2018

ORDER

                DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi

                 CONVENIENT SHOPPING CENTRE, 1^st FLOOR, SAINI ENCLAVE, DELHI 110092                                 

                                                                                                 Consumer  Complaint no.     671/2014                                            

                                                                                                 Date of Institution               25/07/2014

                                                                                                 Order reserved on               27/08/2018

                                                                                                 Date of Order                       29/08/2018 

                                                                                                       

In matter of

Mr. Man Mohan Sharma, adult  

S/o  Sh. Shiv Ratan Sharma  

R/o- 259, New Layalpur, Delhi…. ...………..…………….Complainant

                                                       

                                                                          Vs

1- The Officer In-charge,  

Railway Reservation Office,  

Karkarduma, Delhi 110092

 

2-The General Manager,

Northern Railways

Baroda House, New Delhi 110001………………………….Opponents

 

Complainant’s Advocate       In  Person

Opponent’s      Advocate      Rajiv Ranjan Prasad

 

Quorum     Sh Sukhdev Singh       President

                    Dr P N Tiwari               Member

                    Ms Harpreet Kaur      Member                                                                                                    

 

Order by      Dr P N Tiwari, Member 

 

Brief Facts of the case                                                                                                

Complainant booked five tickets for his family members from OP1 office on 04/06/2014 in AC Chair car for return journey on 08/06/2014 from UNA–Himachal to New Delhi by Janshatabdi Express train no. 12058 vide PNR no. 2832781516 and paid fare a sum of Rs 2315/ for 08/06/2014 (Ex CW1/1).

It was stated that after reaching UNA station, complainant and his family at about 3.15AM on 08/06/2014 could not get any place for retiring as ‘Waiting Room’ was closed and even station master was not available in his office. It was told that opening timings of Waiting Room was from 6AM to 10PM every day, so complainant and his family had to wait on platform and forcibly bear the burden of natural calls till the train arrived at 4PM as its scheduled time for departure was 5AM.

It was stated that no C4 AC Chair car coach was attached to the train. Despite of running from here and there, neither ticket checker was available nor coach attendant. Also there was no announcement for C4 AC coach as why it was not attached to the train. When enquiry booth opened, he was told that due to damage of C4 AC coach, it was not attached to the train as it was not safe for the journey and concerned passengers were free to take full refund or could be adjusted in non AC coach. Complainant and his family were adjusted in non AC coach and reached Delhi in very uncomfortable position in the month of June.  

It was stated that a written complaint was made to lady ticket checker on train (Ex CW1/2) who issued voucher for refund of the cost of the tickets and allowed to travel free of cost till New Delhi and told to get the refund from New Delhi Reservation office / HQ. Complainant stated that instead of getting refund from HQ, he was insulted by the staff of refund office at New Delhi, so he sent a written complaint to OP2 on 17/06/2014 for refund and deficiency of services of OP, but did not get any reply (Ex CW1/4). Thus filed this complaint claiming refund of tickets amount Rs 2315/-and compensation for harassment Rs 20,000/- with litigation charges Rs 2000/-.

After receiving notice, OP2 jointly filed written statement and denied all the allegations leveled   against them. It was stated that the present Forum had no jurisdiction to try this complaint as Railway Claims Tribunals were there for any customer’s grievances. OP also stated that Claim Commissioners were there to resolve the grievances under Section 13(1) of the Railways Act under chapter VII.

It was stated that compensation was payable under Section 82A of the Railways Act which states that “ Claims for refund of fares or part thereof or for refund of any freight paid in respect of animals or goods entrusted to a Railway Administration to be carried by Railways.” Hence this complaint was not maintainable under the Consumer Protection Act, 1986.  

It was specifically announced much before the departure of the said train as AC4 coach was damaged so it could not be attached and all the passengers were informed properly number of times and were asked to get full refund of their tickets amount or if desire to travel would be adjusted accordingly. OP had annexed Rules of Indian Railway Conference Association, Coaching & Tariff no. 26 part I (volume I), Rule 306 which clearly states that “Reserved Accommodation not guaranteed” by Railway Administration for seats, births, compartments, coaches or carriage by any particular train and will admit no claim for any compensation for inconvenience, loss or extra expenses due to such accommodation not being provided or attached to trains by which asked for” (Ex OPW1/1). 

OP had also stated in Rule 132 of Indian Railway Conference Association, Coaching & Tariff no. 26 part I (volume I) for ‘Waiting Rooms’. The station master had instructions to open waiting rooms two hours before and after the train leaves (Ex OPW1/2). Here waiting room was opened as per the rules. As UNA station had no trains after 10 PM so waiting room locked after 2210 hours. Hence, this complaint may be dismissed.  

The complainant submitted his rejoinder to the written statement of OP and denied reply submitted by OP. He stated that he was denied for refund when he went to the reservation HQ at New Delhi.  He was genuinely entitled for full refund of booking amount of five tickets along with compensation. He also submitted his evidences through his own affidavit and reaffirmed on oath that all his contents were true and correct. Thus he was entitled for full refund.   

OP submitted their evidences on affidavit through Mr Dalveer Singh, Dy. CCM/System, Northern Railways working at New Delhi HQ and reiterated that their replies were correct and true as per the Indian Railways Rules. It was stated that all other co passengers were accommodated and none had raised any issues pertaining to none availability of C4 AC coach as it got damaged and was informed well in advance. The defective C4 AC coach was not attached due to the passenger’s safety and Railway rules did not permit so. More so, complainant and his other members were accommodated in S2 bogie and in addition to this, complainant travelled free of cost from UNA to New Delhi and lady ticket checker had issued the refund voucher of full amount. Hence there was no reason to give additional compensation and other charges.  

Arguments were heard from complainant and opposite party counsel and after perusal of file, order was served.

We have scrutinized all the facts and evidences submitted by the parties. It was evident that complainant had booked five tickets for his family for return journey from UNA to New Delhi, but said AC coach could not be attached as it was damaged as per OP’s version and considering the Rules of Indian Railways, guarantee could never be given for a specific need. As damaged C4 AC coach could not be attached to the train and all the passengers were informed well in advance for taking full refund of their tickets amount, but all other co passengers got accommodated except complainant. As AC coaches has 78 seats and S2 coaches in Jan Shatabdi trains has 106 seats still passengers were accommodated, but present complainant claimed five tickets cost whereas all five passengers travelled free of cost from UNA to New Delhi in S2 coach. If we appreciate the goodwill gesture of OP, the cost of one ticket in S2 cost Rs 185/- from UNA to New Delhi meaning thereby relief /compensation of about Rs 925/- was extended by OP. Hence, additional compensation cannot be granted to the complainant. As far as refund of five tickets amount is concerned, it was submitted by OP 2 that they were ready to refund the cost of the five tickets Rs 2315/. Hence, we consider it appropriate and direct complainant to take refund from the reservation office at New Delhi, HQ within 30 days from receiving of this order. There shall be no other order to cost.  

The copy of this order be sent to the parties under the Regulation 18 of the Consumer Protection act, 1986 (in short Act) and file be consigned to the Record Room under Regulation 20 of the Act.

 

(Dr) P N Tiwari  Member                                                                     Ms Harpreet Kaur, Member                                                

 

                                                   Shri Sukhdev Singh  President