Delhi

East Delhi

CC/873/2014

SAROJ - Complainant(s)

Versus

SHARAD KUMAR - Opp.Party(s)

04 Nov 2016

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO. 873/14

 

Smt. Saroj Sharma

W/o Shri Gauri Shankar Sharma

R/o A-224, 3^rd Floor

Suraj Mal Vihar, Delhi – 110 092                                     ….Complainant

 

Vs.

 

1. Shri Sharad Kumar Karwa

X-241, Gali No. 0, Ram Nagar

Gandhi Nagar, Delhi – 110 031

 

2. The General Manager

Northern Railway, Baroda House

New Delhi                                                                                      ….Opponents

 

Date of Institution: 14.10.2014

Judgment Reserved on: 04.11.2016

Judgment Passed on: 08.11.2016

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari  (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By : Shri Sukhdev Singh (President)

 

JUDGEMENT

The complainant Smt. Saroj Sharma has filed a complaint under Section 12 of the Consumer Protection Act against Shri Sharad Kumar Karwa  (OP-1) and The General Manager, Northern Railway, Baroda House, New Delhi (OP-2)

2.        The complainant on 06.05.2014, booked railway tickets for herself and for her family members through respondent no. 1 i.e. PSP’s: FLIGHTRAJA Shri Sharad Kumar Karwa and IRCTC E-ticketing agency system vide electronic reservation slip through transaction ID 0901665450 with PNR No. 6129925464 in Train No. 18477 Utkal Express in General Quota from Jharsuguda Junction (JSG).  The date of journey was 05.07.2014 from Hazrat Nizamuddin and scheduled departure of the train in the electronic reservation slip was 17:04 hours.  It is stated that these tickets were booked and later on one ticket of Shri G.S. Sharma got cancelled.  The train without prior notice/SMS/intimation to the complaint left from Jharsuguda Junction at 11.40 a.m. on 05.07.2014, which caused great discomfort and utter confusion in the mind of the complainant and due to that reason, the complaint and her family members suffered great mental agony, physical pain and harassment. 

It is further stated that due to illegal act and deficient services on the part of respondents, the complainants had to face monitory loss by spending Rs. 2,500/- towards taxi fare from Jharsuguda to Bhubaneshwar airport.  Thus, it is stated that the respondents have failed to provide best services to the complainant and there was deficiency in their services.  Legal notice of dated 17.07.2014 was served jupon the respondents.  Thus, the complainant have filed the present complaint praying for refund of Rs. 58,835/-, Rs. 2,00,000/- on account of mental pain and agony and Rs. 11,000/- towards litigation expenses.

3. In the written statement, filed on behalf of Shri Sharad Kr. Karwa (OP-1), whereby it has been stated that there was no deficiency on their part.  They were only sub-agent of M/s. Frightraja Travels Pvt. Ltd.  Other facts have also been denied. 
4. In the written statement, filed on behalf of General Manager, Northern Railway (OP-2), it has been stated that it was not a consumer dispute and complaint was bad for mis-joinder of parties.  It has further been stated that in the year 2014, there was mass timetable changes to be made effective from 01.07.2014.  Hence, the railway has suppressed the schedule departure and arrival times from the tickets, trains started after 01.07.2014.  Hence, the question does not arise that railway has printed departure time 17.04 hours on complaint ticket. 

            It was further stated that departure time was altered/tampered by the IRCTC, principal agent FLIGHTRAJA or M/s. Sharad Kumar Karwa, who issued e-ticket to the complainant.  It is further stated that train no. 18477 (Utkal Express) actual departure time from Jarsuguda Junction was 11.40 hours from very long time, which was not changed till date.  Thus, it is stated that IRCTCs principal agent FRIGHTRAJA     or agent M/s. Sharad Kumar Karwa was liable for the same. 

5. The complainant has filed rejoinder to the WS of OP-1, wherein he has controverted the pleas taken in the WS and reasserted his pleas.
6. In support of its case, the complainant has examined herself.  She has deposed on affidavit.  She has narrated the facts, which have been stated in the complaint. 
7. Shri Sharad Kumar Karwa (OP-1) has also examined himself on affidavit.  He has deposed the facts, which have been stated in his reply.
8. We have heard Ld. Counsel for parties and have perused the material placed on record.  It has been argued on behalf of Shri Sharad Kumar Karwa (OP-1) and General Manager, Northern Railway (OP-2) that there was no deficiency on their part.  Arguments have been advanced on behalf of Shri Sharad Kumar Karwa (OP-1) that they were only agent and there was no deficiency on their part.
9. To appreciate the arguments of Ld. Counsel for the parties, a look has to be made to the documents placed on record.  If a look is made to ticket, issued to the complaint, it is noticed that date of journey has been stated as 05.07.2014, train no. 18477 (Utkal Express) to depart from Jarsuguda scheduled departure has been mentioned as 17:04 hours.  In this e-ticket, important note have been appended to this and note no. 1 says that “Departure time printed on this ERS may change.  Please check correct departure from Railway Station Enquiry, Dial 139 or SMS ‘RAIL’ to 139”.

                        Thus, from this e-ticket, it is noticed that though the scheduled departure time has been mentioned as 17:04 hours, but as note appended on this say that the departure time may change and the complainant was to check the same.  When a duty has been cast upon the complainant to get the departure time changed, the complainant cannot say that there was deficiency on the part of Northern Railway (OP-2).  Further, documents placed on record by the Northern Railway, it is noticed that Northern Railway have issued a circular of dated 21.04.2014, directing General Manager, CRIS/PRS, not to print the departure/arrival time on PRS tickets with date of journey 01.07.2014 and as there was mass timetable change to be made effective from 01.07.2014, further ticket of IRCTS does not show the departure and arrival time of the train (Utkal Express) on 05.07.2014. 

            The fact that there was clear directions from Northern Railway, not to print departure time on the e-ticket and e-ticket issued by IRCTC as Annex.-A does not contain the departure time, the departure time shown in the e-ticket issued to the complaint also contains a note, whereby it was made clear that the departure time was subject to change and the complainant was to get it checked from railway station enquiry.  That being so, there cannot be said to be any deficiency on the part of General Manager, Northern Railway (OP-2).  When there is no deficiency on the part of General Manager, Northern Railway (OP-2), the question of deficiency on the part of Shri Sharad Kumar Karwa (OP-1) does not arise as they are only a booking agent.

10. In view of the above, we are of the opinion that the complainant have failed to prove any deficiency on the part of Shri Sharad Kumar Karwa (OP-1) and General Manager, Northern Railway (OP-2).  Hence, her complaint deserve dismissal and the same is dismissed. 

            Copy of the order be supplied to the parties as per rules.

File be consigned to Record Room.

 

 

(DR. P.N. TIWARI)                                              (HARPREET KAUR CHARYA)

Member                                                                                Member    

     

      (SUKHDEV SINGH)

             President