West Bengal

Paschim Midnapore

CC/42/2014

Shibaji Bhowmik - Complainant(s)

Versus

Senior Division Commersial Superintendent , South Eastern Railway - Opp.Party(s)

22 Mar 2016

ORDER

                                                               DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

                             

Bibekananda Pramanik, President, Mrs. Debi Sengupta, Member

and  Kapot Chattopadhyay, Member.

   

Complaint Case No.42/2014

                                                        

                                        Shibaji Bhowmik…………..…………..……Complainant.

Versus

 

1)IRCTC,

2)Divisional  Commercial Manager, South Eastern Railway

                                                                    ..........…..Opp. Parties.

 

 

              For the Complainant: Mr.  Asim Kumar Dutta, Advocate.

              For the O.P.               : Mr. Subrata Bikash Das, Advocate.

 

Decided on: - 22/03/2016

                               

ORDER

                          Bibekananda Pramanik, President – Facts of the case, in brief, is that the complainant purchased three railway tickets one for himself and another two for his near relatives namely M.K. Bhowmik and Rupa Bhowmik from opposite party no.1- IRCTC on 22/02/2013 for traveling in Utkal Express and the date of  journey was on 04/04/2013.  Schedule arrival of the train was at 20.30 hrs.  on 04/04/2013 at Kharagpur Railway Station.  Opposite- party no.1 - IRCTC received Rs.5030/- for such e-tickets and also confirmed the seats numbers.  The complainant received electronic reservation ticket from the opposite party no.1.  On the date of journey, the complainant and his two relatives went to Kharagpur Railway Stations on schedule date and time for availing the train bearing no.18477 Utkal Express.  After expiry of the schedule arrival time, Station Manager (G), South Eastern Railway announced that the said train had been diverted and will not arrive at Kharagpur Railway Station on that day and the Station Manager also

Contd……………P/2

 

 

 

 

 

( 2 )

 

endorsed the same on the tickets of the complainants with seal and signature on 04/04/2013.  The complainant and his relatives therefore returned to their house and the tour programme was totally cancelled.  The complainant had to cancel booking of the hotel at Haridwar.  Thereafter Sri Abhisek Bhowmik, the son of the complainant  , sent a written representation by email to opposite party no.1 for return of the money and after receiving the same O.P. no.1 gave a reply by email on 12/07/2013 informing “As your time for filling the TDR for return has exceeded, so we are unable to forward your case to Railway”.  They also stated that the user has to file on line TDR within 2 hours from the actual time of departure of the train in case of confirmed tickets.    Complainant stated that since the said train did not come to the Kharagpur station, so the question of departure does not arise.  The opposite parties intentionally denied to refund the money and illegally held the same.  On 15/07/2013, the son of the complainant again sent a written representation to the opposite parties by email but the opposite party no.1 replied that they are unable to forward the case before the railway.  Hence the complaint, praying for directing the opposite parties to return the booking money of Rs.5030/- with interest and harassment cost and other reliefs.

                  Both the opposite parties have contested this case by filling two separate written objections.

             Denying and disputing the case of the complainant, it is the specific case of the opposite party no.1- Indian Railway Catering and Tourism Corporation Ltd. (IRCTC) as made out in their written objection that IRCTC only provides Railway Passengers’ Reservation System through its server and internet connectivity to book the ticket through it.  As soon as the ticket is issued, the fare of the ticket gets transferred to the Railways.  The amount of ticket lies with the concerned Railways.  IRCTC gets only service charges per PNR and refund of ticket is decided by concerned Railways.  Opposite party no.1 has no role in deciding the refund.  Refund is decided by the concerned Zonal Railways under whom the last destination of the train falls as per provisions of Railway Refund Rules.  On receipt of refund from Railways, it is credited to the same account of the user through which booking was made.  Since the jurisdiction of the refund in the present case falls under Northern Railways, the complainant should have arrayed Chief Commercial Manager/Refund, Northern Railways, who is the essential opposite party to decide upon the question of refund.  It is stated by the opposite party no.1 that they have no deficiency in service as

Contd……………P/3

 

 

 

 

 

( 3 )

 

alleged and therefore it is prayed by the opposite party no.1 that the case against them shall be dismissed.

                 Denying and disputing the case of the complainant, it is the specific case of the opposite party no.2- South Eastern Railway that the complainant Shibaji Bhowmik and two others booked Electronic Reservation Ticket for travelling from Kharagpur Junction to Haridwar Junction in 2AC class by train no.18477 and the date of journey was 04/04/2013.  On 04/04/2013, the train no.18477 was running via diverted route and did not touch the Kharagpur Railway Station Junction.  It is denied that after expiry of schedule arrival time of the train, it was announced that the train would be run via diverted route.  It is stated that in case of cancellation of ticket, if any, complaint is to be lodged within 2 hrs.  from the actual departure time of the train from the concerned station.  Since the prayer for refund of the booking amount was submitted on behalf of the complainant to the opposite party no.1 after expiry of 2 hrs., so the opposite party no.1 had no role in deciding the refund.  It is the system of Indian Railway in every occasion to announce with regard to the arrival time of and / or late running train minimum 45 minutes ahead and in this occasion also it was announced before arrival time of the train no.18477 at Kharagpur Railway Junction Station.  On that day, the said train did not touch the Kharagpur Railway Station due to some unavoidable circumstances.  In a case when a train is cancelled or its movements is diverted under compelling circumstances, the Railway Authority informs such decision to the passengers through TV/Radio  as well as mike in the Railway Station premises frequently long ago with a advise to the bonafide passengers how to take refund their fare from the Railway Administration.  Refund is decided by the concerned Railway Authority under  whom the last destination of train falls and the concerned passenger is eligible to claim TDR, if any, he is to move as per rules before the Railway Authority of last destination i.e. the Chief Commercial Manager/Refund, North Eastern Railway but the complainant did not comply the provision.  Hence, the claim of the complainant cannot be entertained by South Eastern Railway.  It is stated that there is no deficiency of service on the part of opposite party no.2 and it is therefore prayed that the petition of complaint shall be dismissed.

Point for decision

                           Is the complainant entitled to get the reliefs, as sought for?    

 

Contd……………P/4

 

 

 

 

 

( 4 )

                   

Decision with reasons

                    In this case, neither the complainant nor the opposite parties have adduced any evidence, either oral or documentary but they have relied upon some documents in this case.

       Admittedly, the complainant booked or purchased three Electronic Reservation  Railway  tickets for journey from Kharagpur Junction to Haridwar Junction in Utkal Express  in  2 -A/C class by train no.18477 dated 04/04/2013 vide PNR no.6417638440.  Admittedly, on the date of journey i.e on 04/04/2013, the said train no.18477 did not arrive at Kharagpur Railway Junction Station and the said train was running in diverted route.  From the petition of complaint it transpires that it is the case of the complainant that after the schedule departure time, it was announced that the train will not come to Kharagpur Railway Station and the Station Manager endorsed the same on the ticket of the complainant with seal and signature on 04/04/2013.  From the copy of Indian Railway Conference Association, Coaching Tariff no.26, Part-1 (Volume -1), we find that in provision no.213.12 that where a Railway Administration is unable to provide accommodation for any reason whatsoever to passengers holding reserves tickets,  no cancellation charge shall be levied and full refund of fare shall be granted to them if such tickets are surrendered for refund within 3 hrs. from the actual departure of the train, provided that when the train is cancelled due to unforeseen circumstances such as accidents, breaches and floods,  the ticket is surrendered within 3 days excluding the scheduled day of departure of the train.  Here in the present case, we find that it is not the case of the complainant that within the said period of 3 hrs. or within 3 days, he made any claim for refund of the price of the tickets.  In his petition of complaint, the complainant has stated that on that day i.e. on 04/04/2013, the complainant obtained an endorsement of the Station Manager concerned on the tickets with date and signature and thereafter they returned to house after cancellation of the programme of the journey.  According to the complainant thereafter his son Sri Abhisek Bhowmik sent a written representation for refund of money by e-mail to the opposite party no.1 and the opposite party no.1 by sending e-mail on 12.07.2013 informed that “As your time for filling the TDR for return has exceeded, so we are unable to forward your case to the Railway” and also stated that the user has to file on line TDR within 2 hours of the actual departure time of the train in.  From the said e-mail of the son of the complainant, so filed by the complainant himself in this case we do not find any date whatsoever as to when the said e-mail was sent.   The reply of the opposite party no.1 has been filed by the complainant himself and from the

Contd……………P/5

 

 

 

 

 

( 5 )

 

said e-mail- reply of opposite party no.1, we find that the said e-mail was sent on 12^th July 2013.  Since the complainant did not mention the date of sending e-mail by his son for refund of money, so from this reply e-mail of opposite party no.1 it can be presumed that the complainant for the first time lodged his complaint through e-mail before the opposite party no.1 through his son Sri Abhisek Bhowmik in the month of July, 2012 although the date of journey was on 04/04/2013.  It thus appears that the complainant lodged his claim for refund of tickets three months after the date of journey of the train.  So in view of the provisions of Railways Act, the complainant cannot get any refund of reservation ticket since he did not made any claim for refund  within the stipulated period, as aforesaid.  The opposite parties therefore cannot be held to be guilty of deficiency in service on their part.  The petition of complaint is therefore is liable to be dismissed.

                                                                        Hence, it is,

                                                                         Ordered,

                                                                               that the complaint case no.42/2014  is hereby dismissed on contest but in the circumstances without cost.

                               Let plain copy of this order be given to the parties free of cost.

 

               Dictated & Corrected by me

                                Sd/-                            Sd/-                             Sd/-                          Sd/-

                           President                     Member                      Member                  President

                                                                                                                              District Forum

                                                                                                                           Paschim Medinipur