BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD : THIRUVANANTHAPURAM

PRESENT

SHRI. P. SUDHIR                                :         PRESIDENT

SMT. SATHI. R                                   :         MEMBER

SMT. LIJU B. NAIR                            :         MEMBER

                                              C.C.No: 273/2014     Filed on 16/07/2014

                                            Dated: 31..03..2017

Complainant:

R. Raghava Iyengar (Ex-Chief Manager, State Bank of Travancore), “Maruti” T.C.42/902, (Sri Nagar RA House No. 113), Cheppil Road, Sreevaraham, Vallakkdavu-P.O., Thiruvananthapuram – 695 008.

                    (Party in person)

Opposite parties:

1. Sr. Divisional Commercial Manager, South Western Railway, Divisional Office, Commercial Branch, Mysore – 570 021.

                    (By Adv. N. Mohanan Pillai)

2. Indian Railway Catering & Tourism Corporation Ltd., 9^th Floor, Bank of Baroda Bldg., 16, Parliament Street, New Delhi – 110 001.

                    (By Adv. M. Rajagopalan Nair)

This C.C having been heard on 14..02..2017, the Forum on 31..03..2017  delivered the following:

ORDER

SMT. R. SATHI, MEMBER:

          In this case complainant booked e-tickets for 4 persons including himself in his personal id. in connection with his to and fro travel from Thiruvananthapuram to Bangalore and back to Thiruvananthapuram via Mysore-Udupi-Mangalore. One from Mysore Junction to Udupi in sleeper class by train No. 16523 dated 6/5/2014 and the othr from Mangalore Central to Thiruvananthapuram Central in 2^nd AC by train No. 16630 dated 7/5/2014. When the complainant and team reached Mysore Station at about 21.45 and found that the train was cancelled. He came to know about the cancellation from the Mysore Railway Station indicator board at about 2.50 PM on 6/5/2014. When he enquired the Station Master about refund of fare, he replied that they will get the refund through their account and also advised them now to reach Udupi. Accordingly the complainant and his senior citizen co-passengers travelled by train till it reached Hassan Railway Station around midnight and there through private luxury bus they reached Udupi. From Udupi they reached Mangalore Railway Station in time for their journey back to Thiruvananthapuram. He got reply from customer care that if the train is marked as cancelled in PRS due to breaches, floods, accidents etc. full refund in case the ticket is cancelled within 72 hours of the scheduled departure of the train. In case of e-tickets, such cancellation can be done by the customer through internet. As the time for filing the TDR for refund has exceeded, “we are unable to forward your case to railways”. But the complainant was not satisfied with the reply of customer care, he contacted Sr. Divisional Commercial Manager. The complainant got reply that to claim your refund through IRCTC and file a TDR on the line to claim your refund. The complainant was not satisfied with the reply and approached this Forum for the deficiency of service of the opposite parties. Hence he filed this complaint to issue suitable directions to opposite parties to refund the fares collected from his account and for compensation of Rs. 20,000/-.

          2. The opposite parties accepted notice and filed their version:

          The 1^st opposite party filed version stating that the complaint is not maintainable. The complainant is asking for refund of e-ticket. As per rules, e-tickets are issued by IRCTC, New Delhi and hence cancellation and refunds are also done by the IRCTC or at the instance of IRCTC by Railways. The Railways cannot grant refund without the Authority of IRCTC, no relief can be claimed from Railways in this regard and hence impleading Railways as 1^st opposite party is unnecessary. It is submitted that as per the complainant he had booked tickets from Mysore to Udupi Station by train No. 16523 but the train was cancelled due to derailment of goods train in Tunnel No. 5 in Sakaleshpur-Subramanya Section. Refunds were arranged to all the passengers who had claimed for refund on account of cancellation of train. The complainant has not registered claim for refund within the stipulated time with IRCTC. The complainant did not claim refund within the stipulated period and there is no deficiency of service on the railways for not running of trains on 6/5/2014. The cancellation is due to derailment of goods train and there is no path for running of train which was beyond the control of Railways. In the circumstances complainant is not entitled for any refund or compensation as prayed for as the responsibility of claiming refund lies with the complainant. Therefore the complaint is only to be dismissed.

          3. The 2^nd opposite party filed version admitting that the complainant booked two e-tickets for himself and other 3 persons. One from Mysore Junction to Udupi by train No. 16523 dated 6/5/2015 and other ticket from Mangalore Central to Thiruvananthapuram Central by train No. 16630 dated 7/5/2014. On the day of journey the complainant and his co-passengers reached Mysore Station and they came to know that the train in which they had 6 travel was cancelled. But it was diverted. It is submitted that in the case when train is cancelled by the Railways due to breaches, floods, accidents etc full refund is permissible when the ticket is cancelled within three days of the scheduled departure of the train. In case of e-tickets, such cancellation can be done by the customer through internet by filing TDR. It is the Indian Railway who is the competent Authority to refund the money when a passenger file TDR (Ticket Deposit Receipt) as per the refund rules of Indian Railway. But in this instant case the refund of Rs. 560/- has been refunded to the complainant’s account on 31/8/2014. It is submitted that there is no deficiency in service on the part of this opposite party. The inconvenience happened solely due to the wrong information given by the Station Master of Mysore Railway Station. Hence IRCTC is not liable to pay any compensation and the complainant is not entitled for any compensation from this opposite party. Therefore complaint is only to be dismissed.

          Complainant filed affidavit in lieu of chief and marked Exts. P1 to P6. He was examined as PW1. The 1^st opposite party filed affidavit in lieu of chief and marked Exts. D1 to D4. The 1^st opposite party was examined as DW1.

            Issues:

(i) Whether there is any deficiency of service and unfair trade practice on opposite parties’ side?

(ii) Whether the complainant is eligible for any reliefs as sought for?

          4. Issues (i) & (ii):   In this case the complainant booked e-tickets for himself and other 3 persons as per Ext. P1 and Ext. P2. One from Mysore Junction to Udupi and other from Mangalore Central to Thiruvananthapuram Central on 6/5/2014 and 7/5/2014 respectively. On the day of journey the complainant and his co-passengers reached Mysore Station and they came to know that the train was cancelled and they approached the Station Master. The Station Master told them that the refund of the ticket will be automatically credited to his account as it is e-ticket. The complainant reached Udupi as per the advice of the Station Master. The complainant did not file the TDR in time and could not get the refund. Hence he approached this Forum to direct the Railways to refund and Rs. 20,000/- towards compensation. Here both the opposite parties filed version. The 1^st opposite party stated that e-tickets were issued by IRCTC New Delhi and hence cancellation and refunds were also done by IRCTC. Here the train No. 16523 was cancelled due to derailment of goods train. The 2^nd opposite party stated that the train in which complainant has to travel is directed to another route because of derailment of goods train. In such cases full refund is permissible when the ticket is cancelled within 3 days of scheduled departure. In case of e-tickets, such cancellation can be done by the customer through internet by filing TDR. Here the allegation of the complainant is that he did not file TDR because he was misleaded by the Station Master as the Station Master told him that the Railway will automatically refund the amount in his account. Moreover complainant in his deposition stated that he asked the Station Master to endorse about cancellation and not asked for refund. The complainant also stated that he challenged the rules of the Railways. In this case eventhough the complainant did not file TDR on time the 2^nd opposite party considered this case as a special one and sanctioned the refund of Rs. 560/- and transferred the same to the complainant’s account on 31/8/2014. Thus the 1^st relief sought by the complainant is solved and as per the refund rules produced by the 2^nd opposite party IRCTC service charges for e-ticket is not refundable. The 1^st opposite party produced Ext. D2 to show that Karwar Express Train Nos. 16517 / 16523 on 6/5/2014 and re-scheduled time of the same for departure on 7/5/2014 and to give publicity through press and media. The 1^st opposite party produced documents to show that the accident occurred, caused the Railways to cancel scheduled departure of the Karwar express. On going through evidence and statements produced by the opposite parties it is clear that there is no wilful negligence or deficiency of service on the part of opposite parties. The cancellation of scheduled departure of train is beyond the control of the Railways. In the affidavit of the complainant, complainant make allegation against the rules and regulations of Railways. The only grievance of the complainant which can be redressed is with regard to the refund. The complainant did not do what he ought to have done for refund of ticket charges. The 2^nd opposite party considering this as a special case refunded the ticket charges. Hence we are of view that the complaint is only to be dismissed.

          In the result, complaint is dismissed.

 A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 31^st day of March, 2017.

   Sd/-R. SATHI               :         MEMBER

  Sd/- P. SUDHIR            :         PRESIDENT

  Ad                         sd/- LIJU B. NAIR         :         MEMBER

C.C.No: 273/2014

APPENDIX

  I.  Complainant’s witness:

          PW1   :         R. Raghava Iyengar        

II.  Complainant’s documents:

P1      :  Copy of PNR No: 4814451184 Train No. & Name: 16523/KARWAR EXP (ERS)

P2      :  Copy of PNR No: 4714429745 Train No. & Name: 16630/MALABAR EXPRESS

P3series:

(3 pages):  Copies of the e-mails sent to Care@irctc

P4      :  Copy of letter dated16/6/2014 from the complainant to the 1^st opposite party

P5      :  Copy of the reply dated 26/06/2014 of Sr. Divisional Manager, South Western Railway, Mysore.

P6series:  Copy of tickets

III. Opposite parties’ witness:

          DW1  :         Chandrasekhar C. Gudigerai

IV. Opposite partis’ documents:

D1      :  Copy of letter dated 21/6/2016 from Divisional Commercial Manager, Mysore to Sri. Mohanan Pillai, Advocate.

D2      :  Copy of extract of the Original Message

D3      :  Copy of Notification Dated 6^th June, 2013 of Ministry of Railways (Railway Board)

D4      :  Copy of Refund Rules and TDR Filing w.e.f 01 July 2013.

Sd/-PRESIDENT

  Ad.