DOF.20.09.2010
DOO.27.08.2011
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KANNUR
Present: Sri.K.Gopalan : President
Smt.K.P.Preethakumari : Member
Smt.M.D.Jessy : Member
Dated this, the 27th day of August 2011
CC.235 /2010
1.P.P.Kumaran, Rema Nivas,
Thilanur , Kannur 18.
2. P.Rema, Rema Nivas,
Thilanur, Kannur 18.
3. T.Rajan, Aiswarya’,Perikkad,
P.O.Kappad, Kannur6.
4. P.K.Muraleedharan, Remy Nivas, Complainant
Kannukkara,P.O.Kannur 12.
5. P.Vasanthy, Remaya Nivas,
Kannukkara, Kannur 12.
6. O.RAvindran, Sree Nilayam,
Poothappara, Azhikode 9.
7. O.Rajan, Olachery House,
Talap, Kannur 2.
8. K.V.Shyamala, Olachery Hosue,
Talap, Kannur 2.
(Rep. by Adv.P.C.Pradeep)
Senior Divisional Commercial Manger (DCM),
Refund Section, Palakkad Division,
Southern Railway, Palakkad
(Rep. by Adv.K.Vinodraj) Opposite party
O R D E R
Sri.K.Gopalan, President
This is a complaint filed under section 12 of consumer protection Act for an order directing the opposite party to pay
`79,897 with 12% from the cancellation date of train onwards together with `500 as cost of notice charge.
The case of the complainant in brief is as follows: - The complainant had visited Sree Ramananda Yogasramam to take part in the Guru Pournami celebration. The tickets were reserved from Kannur and their seats were confirmed. They reserved their return ticket from Rajkot to Kannur in Okha-Ernakulam express on 26.7.2010 which had been scheduled to departure at 6.40 a.m. On the day when they arrived at Rajkot Railway station at 4 a.m it was announced that Okha-Ernakulam Express was cancelled. On enquiry officials informed that no alternative arrangements were made. The complainants requested them to refund the fare and submitted an application for refund. They were not ready to refund the fare and delayed for no reason. There was a train leaving to secunderabad from Rajkot Station at 5 a.m. On the same day attempts to reserve the ticket in that train got failed. The officials informed that the refund will not be possible before the departure of Rajkot-Secunderabad train and advised the complainant that refund of cancelled train fare can be obtained from Kannur since the ticket were originally reserved from Kannur. The complainant demanded for a through ticket from Rajkot to Kannur. They did not issue ticket telling the reason that there were no trains which go to Kannur directly from Rajkot. Accordingly the complainants took ordinary ticket to Secundarabad on the firm belief that refund of the reservation ticket can be obtained from Kannur. They left Rajkot at 5 a.m on 26.7.2010 in ordinary compartment. Complainants could not even got to the comfort rooms in the train or not in a position to sit as a result of heavy rush. Complainants were put in great hardship even suffered to breathe well. They reached Secunderabad at 11 a.m since they understood that there was a train from Hyderabad at 12 noon, they proceeded to Hyderabad Railway station by a taxi car. They managed to get RAC ticket for Sabari Express on 28.7.2010. It was bound to Thiruvananthapuram. Since the ticket was on 28.7.10 they were forced to take lodge to stay over there on 27.7.2010. They started their journey next day and reached Shornur on 29.7.2010 at 10.30 a.m and there from by super fast train to Kannur. Complainants approached station Master for the refund but it was informed to send it to the opposite party for refund. Accordingly ticket was sent to opposite party on 31.7.2010. But complainants did not get the amount refunded. There is deficiency in service on the part of opposite parties. Opposite party failed to provide alternative arrangements for the journey of the reserved passenger when trains are cancelled without prior and sufficient notice. 1 ½ day journey took three days and much mental physical and economic sufferings and loss. Hence this complaint.
Pursuant to the notice opposite party entered appearance and filed version denying the main allegations of complainant. The opposite party contended as follows: the averments in the complaint that on reaching Rajkot Railway station on 26.7.2010 at 4.00 am it was announced that Okha Ernakulum Express was cancelled, that the complainants requested for refund of the reserved fare submitting application, that the officials advised complainant that the ticket can be refunded from Kannur since it is originally reserved from Kannur, that the complainant demanded a through ticket, that the complainants were forced to stay at Hyderabad that they have not received refund of the ticket till the day etc. are denied by the opposite party. The scheduled departure of the train at Rajkot is at 6.40 a.m, and the reservation was confirmed. The alleged train was not cancelled but rescheduled to depart at Okha at 23.15. This was due to unforeseen circumstances due to breaches and land slide occurred in Konkan Railway jurisdiction. Complainant did not try to obtain refund or ticket deposit receipt because of the fear that they would miss the Secunderabad bound train which leaves Rajkot at 05.00 a.m. The complainants arrived at Kannur on 29.7.2010. The alleged train (No.6337) in which they originally reserved reached Kannur on 28.7.2010 itself. The refund request was received on 2.8.2010 and after processing the same full refund was arranged vides pay order No.3135 encashable at Kannur Railway Station. The complainants could have patiently undertaken the journey by the same train. All others were opted the same train. There is no deficiency in service on the part of opposite party.
On the above pleadings the following issues have been taken for consideration.
1. Whether there is any deficiency on the part of opposite
party?
2. Whether the complainant is entitled for any remedy?
If so what is the quantum?
3. Relief and cost.
The evidence consists of oral testimony of PW1, PW2, Exts. A1 to A9 and B1 to B6.
Issue Nos.1 to 3
Admittedly the complainants were reserved return ticket for their journey from Rajkot to Kannur in Okha Ernakulam Express for 26.7.2010. It was scheduled to departure at 06.40 am. But when complainants reached at station on 26.7.2010 it was announced that Okha-Ernakulam Express had been cancelled. There were no alternative arrangements. The complainants left Rajkot at 5.00 am on 26.7.2010 by train to Secunderabad. Complainant got RAC ticket to Sabari Express to proceed journey on 28.7.2010 and reached Shornur on 29.7.10 at 10.30 and there from to Kannur by super fast train for which he had paid an additional charge of `20 per head and reached Kannur at 5.30 p.m. They send tickets for refund to opposite party on 31.7.2010. There is no dispute with regard to these facts.
Complainants alleged that they have suffered so much of trouble since opposite party did not take care to make alternative arrangements. Two days delay and loss of so much money and troubles suffered by complainants are all happened due to deficiency in service on the part of opposite party. Complainants were compelled to overstay at Seconderabad in lodge and also used to travel by taxi car. Moreover opposite party did not refund the amount of ticket till the filing of complaint.
Opposite party on the other hand contended that the alleged train was not cancelled but rescheduled to depart at 23.15. This was due to unforeseen circumstances an occurrence of landslide in Konkan Railway. It was beyond the control of Railway. Complainant did not take any effort to obtain refund or ticket deposit receipt for fear of missing of the Secunderabad bound train supposed to leave Rajkot at 5 a.m. the intention to travel by Sabari express on 28.7.2010 and overstay at Hyderabad etc. is complainants’ choice and convenience. The opposite party had already paid `3,125.
Complainant adduced evidence by way of affidavit in tune with the pleadings and Ext.A1 to A9 marked in order to substantiate their case. It can be seen Ext.A1 to A9 documents had not been made use of proving anything than that of admitted facts. Tickets, reservation, refund request etc. has not been disputed at all by opposite party .
Any how, ticket fare had already been refunded by opposite party. It can be very well assumed that the complainant received the amount after filing the complaint. Complainant has not given the date when the amount was received. It was sent on 31.7.2010. Complaint filed on 20.9.2010. Notice to parties issued on 8.11.2010.so it is clear that there is delay in refund the amount. But the fact that the amount has been refunded without raising any objection cannot be ignored; though the efficiency of service cannot be appreciated. Ext. B1 dt. 20.11.2010 reveals that refund was granted. It has already be seen admitted that they have received the amount.
The main contention of opposite party is that the train in question was rescheduled. Ext. B2 shows that “6337 HAPA-ERS EXPRESS SCH TO LEAVE HAPA ON 5.20 HRS ON 26/07/10 IS RESCHEDULED EX HAPA at 23.15HRS OF 26/07/10 I.E 17.55 HRS LATE EX HAPA AS PAIRING RAKE IS ARRIAVING LATE AT HAPA”. It reveals that the concerned train rescheduled and not cancelled. Ext.B3 shows the trouble occurred due to land slide occurred in Konkan Railway. Ext.B6 dt.27.7.10 coaching LTM of Cannaore shows the train in questionNo.16337 has reached Kannur on 28.7.2010.
On going through facts of the case and reading available documents it can be seen that the train happened to be rescheduled to the land slide in Konkan Railway, which beyond the control of the hands of Railway. Under such circumstances deficiency in service can only be attributed on the shoulders of opposite party if complainant is succeeded in proving that opposite party failed to discharge those obligation which they are legally bound to do on such occasions. The analysis of evidence first of all goes to show that train had not been cancelled but rescheduled. Secondly as is revealed in Ext.B4 many passengers availed full refund and thirdly the train in question No.6337 which had been rescheduled reached Kannur on 28.7.2010 itself. It has also revealed from the documents that there was land slid in Konkan Railway. While taking into consideration all these facts it is difficult to find deficiency or negligence on the part of opposite party even if there was much trouble and hardship inevitably suffered by the complainant. Hence we find that opposite party is not liable to pay any compensation. Since there is no deficiency in service proved against opposite party.
It is therefore, complaint is dismissed. No order as to costs.
Sd/- Sd/- Sd/-
President Member Member
APPENDIX
Exhibits for the complainant
A1 Copy of the Tickets issued by Railway authority
A2 & 4. Tickets issued by Railway authority
A5. Copy of the letter sent to OP
A6.Postal receipt
A7 to A9. Unused filled in reservation form for Okha Ernakulam Express.
Exhibits for the opposite party:
B1.Letter Dt.20.11.10 issued by OP to Sr.DCM-PGT
B2. Copy of the message from RJT DV to WR.ZN/WR/IR/IN
B3.Message dt.25.6.10 No.KR/CO/C/PLS/Movement statement of
ticket refund (Rajkot WR)
B4. Statement of ticket refund dt.26.7.10
B5. Fax dt.26.7.10 sent from SR.DOM/RJT
B6. Copy of coaching LTM of Cannanore dt.27.7.10.
Witness examined for the complainant
PW1.P.P.Kumaran
PW2.P.K.Muraleedharan
Witness examined for the opposite party: Nil
/forwarded by order/
Senior Superintendent
Consumer Disputes Redressal Forum, Kannur.
