COMPLAINT FILED ON: 25/05/2009<br /> DISPOSED ON: 24/09/2009<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)<br /> <br /> 24TH SEPTEMBER 2009<br /> <br /> PRESENT :- SRI. B.S.REDDY PRESIDENT <br /> SMT. M. YASHODHAMMA MEMBER <br /> SRI.A.MUNIYAPPA MEMBER <br /> <br /> COMPLAINT NO.1192/2009<br /> <br /> <br /> COMPLAINANT M.R.Vanaja, AdvocateNo.104, 4th Cross,M.L.A. Layout,RMV II Stage,Bhoopasandra,Bangalore – 560 094.Party in PersonV/s.<br /> OPPOSITE PARTY The Senior Divisional Commerical Manager,South Western Railway,Bangalore Division,Bangalore – 560 023.Advocate – Sri.S.R.Khamroz Khan<br /> <br /> O R D E R<br /> <br /> SHRI. B.S.REDDY, PRESIDENT<br /> <br /> The complainant filed complaint U/s. 12 of the C.P.Act of 1986 seeking direction to the OP to pay an amount of Rs.30,000/- with interest at 18% p.a. as compensation, towards the flight charges, stay at Varanasi, telephone charges, physical strain, financial loss, mental agony etc, caused to the complainant on account of negligence on the part of the OP in issuing confirmed ticket to the complainant and in not making proper alternative arrangement either for stay or return journey. <br /> <br /> The case of the complainant stated to be in brief as aversed in the complaint is : -<br /> <br /> 2. The complainant had been to Allahabad on a pilgrimage tour and had planned to return to Bangalore on 10-02-2008 and accordingly obtained a return ticket dated 08-12-2008 on 23-30hrs from Mugalsarai to Bangalore in Train No.2296 ‘Sanghamitra Express’. The complainant had a confirmed reservation in coach No:A1 with Birth No:11. When the complainant came to the Mugalsarai Raliway Station, she was informed that the said train is cancelled. Due to the cancellation of the train and the OP had failed to make any other alternative arrangement for the passengers for journey in ‘Sanghamitra Express’, either for stay during night or for their travel to their destination, the complainant was forced to return to Varanasi around midnight and stay for the rest of the night at Varanasi and rush to the Airport on the next day morning i.e., 09-12-2008 as there was no other convenient connecting train to enable her to reach Bangalore on 10-12-2008 as cases in respect of complainant’s clients were posted for hearing on 11-12-2008 at the High court of Karnataka at Bangalore. The complainant managed to get Air ticket from the Varanasai to Delhi, Delhi to Bangalore by paying sum of Rs.9,420/-. The complainant incurred expenses to the tune of more than Rs.11,000/-. Hence, she had sent a letter to OP calling upon them to pay a sum of Rs.20,000/- covering the Air travelling expenses including mental agony and damages caused to the complainant apart from the other incidental expenses due to the cancellation of the train within 15 days from the date of receipt of the said letter. In addition the complainant requested OP to refund the cancelled train fare in a sum of Rs.1,136/-. After the receipt of this letter OP sent untenable reply. On account of negligence on the part of the OP in not making proper arrangement for the complainant on her return journey caused physical strain, financial burden and mental agony. The failure to give proper information by OP to the complainant and by not providing either accommodation or alternative travel arrangement is a serious lapse and deficiency of service on their part caused much hardship to the complainant. Hence the complaint. <br /> <br /> 3. The complainant produced the documents 1 to 7 with the complaint.<br /> <br /> 4. The OP filed version contending that the complainant is not maintainable; the Forum has no jurisdiction in view of Sec.13 and 15 of the Railway Claims Tribunal Act of 1987. It is admitted that the complainant booked at Bangalore for return journey from Mugalsari to Bangalore on 08-12-2008 at 23-30 hrs. It is denied that the complainant only after coming to Mugalsari station came to know about the cancellation of the train No.2296. The said train running between Patna and Bangalore was cancelled only the enroute Station Mugalsarai, but it was running on a diverted route. Due to the accident between Patna and Mugalsarai main line and the line was blocked and as such to avoid inconvenience to passengers all trains starting from Patna was diverted via Kanti station. The information to this effect was displayed at all stations enroute for the above train and repeated announcement was made through public announcement system that all the enroute station for the information to passengers. Electronic media and print media were also informed to give publicity. <br /> <br /> 5. On that date the train was diverted due to the accident enroute station and this fact was well within the knowledge of the complainant. Further no points of time the Railway authority assured the complainant the time of the booking the train ticket that in case of cancellation of train the Railway would provide accommodation to the complainant. The Railways have provided AC waiting hall facility with modern seating arrangements to the passengers who travel by AC class for their comfort during night hours. Therefore, the allegation to the effect that the no arrangement was made for the passengers for the stay during night time are false and baseless. In case the complainant wanted to travel by next train to the destination she could have contacted the Station Manager or on duty Station Master for arranging accommodation for the next available train to the destination. She has not enquired about the alternative arrangements available, therefore the allegation to the effect that the no arrangement was made by Railways for travel to the destination are false and baseless. <br /> <br /> 6. The cancellation was not deliberate but due to unavoidable circumstances therefore the claim for compensation towards flight charges is without any basis. The Railway made it clear to the public travelling by train about the liability of the Railways in case of the cancellation of the train due to various contingencies, these rules are published and printed in all Railway time table. As per the rules in the event of cancellation of the train due to the accidents, nature calamitites etc., the passengers are eligible for full refund for the amount paid by them. The Railway administration disclaims liability for any inconvenience, expenses or damage resulting from the error in time table or from the delayed/cancelled/diverted trains. <br /> 7. The OP on the receipt of the notice sent reply to the complainant regretting the inconvenience caused to the complainant and requested the complainant to produce the original ticket and receive the full refund fare. However, complainant without complying with request made by the OP approached this Forum with baseless allegations; when there was absolutely no deficiency of service rendered by the OP. There is no cause of action for the complaint and complaint is liable to be dismissed with compensatary and costs. <br /> <br /> 8. The complainant filed affidavit to substantiate the complaint allegations. Senior Division Commercial Manager Southwestern Railways, Bangalore representing the OP filed affidavit evidence in support of defence version. <br /> <br /> 9. Arguments on both sides heard. Points for consideration are:-<br /> Point No. 1 :- Whether the complainant has Proved <br /> the deficiency in service on the part of <br /> the OP?<br /> <br /> Point No. 2 :- If so, whether the complainant is <br /> entitled for the relief’s now claimed?<br /> <br /> Point No. 3 :- To what Order?<br /> <br /> <br /> 10. Our findings to the above points are :-<br /> <br /> <br /> Point No.1:- In Negative<br /> Point No.2:- Negative<br /> Point No.3:- As per final Order.<br /> <br /> <br /> REASONS<br /> <br /> 11. The complainant had been to Allahabad on a pilgrimage tour and she had booked return ticket for return journey on 08-12-2008 at 23-30 hrs. from Mugalsarai to Bangalore in train No:2296 ‘Sanghamitra Express’. That train was running from Patna to Bangalore on that day the same was cancelled only enroute Mugalsarai station, but it was running on the diverted route. On 08-12-2008 when the complainant came to Mugalsarai station she came to know about the cancellation of the train. Since no alternative arrangement were made by the Railways for her travel to destination and there was no proper arrangements for her stay during night, she was compelled to return to Varanasi in the night and on the next day i.e., on 09-12-2008 she was able to get Air ticket from Varanasai to Delhi and Delhi to Bangalore and she travelled by Air by paying a sum of Rs.9,420/-. Thus the complainant claims that she had incurred the expenses to the tune of more than Rs.11,000/- and she is entitled for compensation of Rs.30,000/- with interest at 18% which includes flight charges, stay at Varanasi, telephone charges, physical strain, financial loss, mental agony etc., caused to her.<br /> <br /> 12. The version of OP is on account of accident in between Patna and Mugalsarai main line and the line was blocked; to avoid inconvenience to passengers of train ‘Sanghamitra Express’ the train was diverted via Kanti station. The information regarding the cancellation was displayed at all stations enroute for the above train and announcement was also made through public announcement system for information to passengers. There is no liability on the part of the Railway administration to make any alternative for the travel to the destination. The complainant ought to have enquired about the availability of any other alternative train to reach destination, she has not made any enquires. Therefore, OP is prepared to refund the entire fare on account of cancellation of the train. OP is not liable to pay Air fare incurred by the complainant and other expenses or for any damages by way of compensation as claimed.<br /> <br /> 13. It may be noted that Rule 13 (iii) of the Railway passengers (Cancellation of ticket and refund of fares) Rules of 1986 provides that when a train is dislocated due to unforseen circumstances such as accident, breaks/breaches, floods etc., full refund of fare including reservation charges if any in respect of ticket booked in the concerned trains shall be refunded at the starting station provided, the ticket is surrendered within 3 days after the scheduled date of departure of the trains. As per this rule, the only liability of the Railways is to refund the entire trains fare on account of cancellation of the train. For the notice dated 30-01-2009 issued by the complainant claiming refund of the train fare a sum of Rs.1,136/- and other expenses incurred including Air fare totally amounting to Rs.20,000/-. OP has replied on 13-02-2009 regretting the inconvenience caused to the complainant and requested to submit the original journey ticket for processing refund claim. Thus it becomes clear that OP has come forward to refund the entire train fare on submitting the original journey ticket. The complainant instead of submitting the train ticket has come up before this Forum claiming total amount of Rs.30,000/- as damages and other expenses. In our view at the time of issuing the ticket the Railway has not undertaken that in case of cancellation of train for any reasons alternative arrangement will be made for travelling to destination or for the stay of the passengers in the station. On account of accident on the main line the train was cancelled and enroute Mugalsarai station. It cannot be said that on account of negligence on the part of the Railway the train has been cancelled and enrouted Mugalsarai station. <br /> <br /> 14. The complainant contended that the Station Master has issued an endorsement on the cancellation requisition submitted by her at Mugalsarai station stating that the train is cancelled. She was not informed that the said train is enrouted Mugalsarai station and is running in the alternative route. In our view as per the affidavit filed in respect of the defence version it is clearly stated that the travelling public were made known about the cancellation and enroute the Mugalsarai station and also about the train running on the diverted route by making the repeated announcement on the respective Railway sataions. Normally when the trains are diverted, the Railways used to announce the same for the information of the traveling public. We cannot expect any documentary evidence regarding such announcement being made on that day. Mugalsarai is a junction, for the travelling passengers by AC class only AC waiting room was made available. It cannot be said that there is no any arrangement for stay in the night in that station. Under these circumstances we are of the view that the complainant failed to prove the deficiency in service on the part of the OP. She is not entitled to claim Air fare and other incidental charges and damages for the inconvenience caused to her on account of cancellation of train. <br /> <br /> 15. OP is prepared to refund entire fare even now. The complainant is at liberty to get refund from the Railway by submitting original ticket with cancellation form. The complainant is not entitled for the relief claimed. The complaint is devoid of merits. Accordingly, we proceed to pass the following: <br /> <br /> <br /> O R D E R<br /> The complaint is dismissed. In view of the nature of dispute no order as to costs.<br /> <br /> However, OP is directed to refund the entire train fare on complainant presenting the original train ticket with cancellation form. <br /> <br /> (Dictated to the Stenographer and typed in the computer and transcribed by her verified and corrected, and then pronounced in the Open Court by us on this the 24th day of September 2009.) <br /> <br /> <br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> NRS<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />