MR. UTPAL KUMAR BHATTACHARYA, HON’BLE MEMBER.

          Instant Appeal under Section 15 of the Consumer Protection Act, 1986 has been filed by the Appellants/O.Ps challenging the judgment and order dated 25.02.2016 passed by the Ld. District Forum in Complaint Case No. 296/2014 allowing the complaint on contest with cost of Rs.5,000/- against the Appellants/O.Ps.

          The Appellants/O.Ps are further directed to pay to the Respondents/Complainants Rs.3,340/- being the refund of ticket fare with interest @ 9% from 18.05.2013 till realization and to pay to the Respondents/Complainants compensation of Rs.5,000/-.

          The entire amount was directed to be paid within 30 days from the date of the impugned order, failing which, as ordered, the entire amount would earn interest @9% per annum till recovery and the petitioner would have the liberty to put the order into execution.

          Briefly stated, the facts relevant to the complaint, were that the Respondent/Complainant No. 1 booked railway tickets under PNR No. 6614944698 for her journey from Howrah to Guwahati along with her senior citizen mother and two minor sons.  The tickets which were on waiting list, were not confirmed on the date of journey.  The Respondents/Complainants who visited Howrah Station on 18.05.2013, the date of journey, since were not the holders of confirmed tickets, were not allowed to board the train. 

          They, in their effort to get refund of the money on the same date from Howrah Station , were extremely harassed as they had to move from Howrah Station New Section to Old Section and once again to New Section till they were issued from Howrah Station a TDR only to be told to approach the Hatibagan Railway Ticket Counter, the issuing counter of the subject tickets, for refund.

          The Hatibagan Ticket Counter, on approach, sent them back to Howrah Station as, what they stated, the tickets were booked online.  The Howrah Station advised them to approach Kailaghata Ticket Counter for refund.

          Since the Respondents/Complainants had urgency to reach Guwahati, she along with her family members had to leave by flight to reach their leaving the affairs for submission of her claim for refund on the hands of her friend who submitted the said claim at the Kailaghata Railway Office Ticket Counter on 25.05.2013.

          There was no response even on repeated persuasion as to the fate of claim till the Respondents/Complainants received an intimation through a communication dated 04.12.2013 as regards Appellants/O.Ps’ inability to grant any refund as the Respondents/Complainants failed to surrender their tickets within 12 hours from the time of departure of the concerned trains. 

          Respondents/Complainants, challenging the aforesaid repudiation of refund, filed the complaint case before the Ld. District Forum wherefrom the impugned judgment and order had originated.

          Heard Ld. Advocates appearing on behalf of both sides.

          Considered their submission defending the interest of their respective sides and perused the documentary evidences adduced by them in support of their claims. 

          No LCR has so far been received.

          Perused the impugned judgment and order.  All points appeared to have been elaborately discussed before arriving at the conclusive findings.  There being no dispute in respect of other points excepting that of the repudiation, we are concerned about the deadline, as per Rules, for surrendering the wait listed railway tickets against which the journey could not be availed.  Such deadline, as per version of the Ld. Advocate appearing on behalf of the Appellants/O.Ps, was not very firm always.  He, at one point of time told that the refund claim should be filed within 3 hours from the departure of the subject train and immediately thereafter claimed the said deadline to be within 12 hours from the time of departure of the train as was communicated under No. C438/5/00717/7/45RC/2707 of Eastern Railway repudiating the instant refund.

          Perused the documents adduced by the Learned Advocate appearing on behalf of the Respondents/Complainants.  It appeared that the claim for refund was submitted by them on 25.05.2013.  It appeared further from the guidelines for passengers narrated at the bottom of the form showing particulars of the ticket surrendered for cancellation that the application must reach the concerned refund office at the earliest but not later than 90 days from the date of journey.

          Since the claim was furnished on 25.05.2013, i.e. after 7 days from 18.05.2013, the date of journey, there should not be any reasons to believe that the claim was furnished beyond the period specified as per Railway Rules.

          We, in this context, are inclined to place our reliance on the observation of the Hon’ble National Commission in Revision Petition Nos. 1724 and 3226 of 2009 [Union of India, through General Manager, Western Railway and Anr. – vs. – Smt. Vinaya Vilas Sawant and Anr.] reported in 2017 (4) CPR 513 (NC) wherein the Hon’ble National Commission was pleased to observe that under Consumer Protection Act, 1986, if two different opinions are possible, one favourable to consumer should be adopted.

          Above being the facts and circumstances, we are inclined to hold that the Appellants/O.Ps had deficiencies in rendering services, first by not refunding the fare disregarding the genuine claim of the Respondents/Complainants and thereafter, putting them to physical and mental harassment and agony directing every moment to approach different places for getting their lawful claim for refund and also subjecting them to further financial hardship in the form of litigation cost to be borne by them. 

          Hence ordered, that the appeal be and the same stands dismissed.  The impugned judgment and order stands affirmed.  No order as to cost.