Date of Filing:12.07.2016
Date of Order: 07.08.2018
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM – I, HYDERABAD
P r e s e n t
HON’BLE Sri P.Vijender, B.Sc. L.L.B. PRESIDENT.
HON’BLE Smt. Kasturi, B.Com., LLM., MEMBER.
Tuesday, the 7th day of August, 2018
C.C.No.335/2016
Between
Sri Abhijit Biswas,
S/o. Ranjit Biswas
Age : 33 years,
R/o. 2-2-3 Sreshta Origin,
Shivam Road, Vidyanagar,
Hyderabad – 500044.
Phone No.9989788755 ……Complainant
And
Chief Commercial Manager (Refund)
South Central Railway,
Hqs. Office Rail Nilayam,
Secunderabad – 500071
Phone : 040-27821445
Fax : 040-27834275
Email:cco@scr.railnet.gov.in ….Opposite Party
Counsel for the complainant : Party in person
Counsel for the Opposite Party : Ms. Vijaya Sagi
O R D E R
(By Sri. Sri P.Vijender, B.Sc., LL.B., President on behalf of the bench)
This complaint is preferred under Section 12 of C.P. Act of 1986 alleging deficiency of service on the part of Opposite Party and a direction to the Opposite Party to refund a sum of Rs.10,485/- towards cancellation of earlier tickets and Rs.20,000/- for causing mental agony and harassment.
- The complainant’s case in brief is as under:
- The complainant has booked 4 tickets on 25.05.2016 in 3rd A.C. with PNR No.6655522977 to travel from New Jalpaigiri by train No.12514 Gowhati -Secunderabad Express on 26.05.2015. Out of four one ticket is confirmed and remaining three are in waiting list. However, all the 4 passengers did not travel. Hence, he filed a TDR on 25.05.2016 itself at 10-00 p.m., but the claim for cancelled was repudiated by the South Central Railways on 07.01.2016 stating that out of four tickets booked confirmed ticket passenger travelled. He filed a complaint with IRCT and same was afford to South Central Railways where he was asked to produce non travel certificate to process the refund claim. The claim of the railway that, one passenger travelled is incorrect. He went to South Central Railway, Rail Nilayam where he was asked to go to New Jalpaigiri station and obtain non-travel confirmation certificate. Accordingly he went to New Jalpaigiri station and requested to entertain the complaint but they rejected. Hence, the present complaint for the above stated relief.
- The contest of the Opposite Party is that the complaint is not maintainable for non joinder of the necessary party and that this Forum has no jurisdiction to entertain it. The complainant had booked Tatkal ticket on 25.05.2016 for 3rd AC. to travel from New Jalpaigiri to Secunderabad by Gowhati - Secunderabad train and out of the four tickets one was confirmed and the remaining three tickets were in waiting list. After some time booking was cancelled on line and sought for refund. As the complainant did not received the amount to his account he lodged a complaint with IRCTC which referred the matter to South Central Railway for an examination. The zonal railway repudiated the refund stating that the train charts indicate that one person travelled in the confirmed ticket and that complainant did not produce non travels tickets for three unconfirmed tickets.
- Northeastern frontier railways made several correspondences to the complainant with regard to repudiation of the claim as such Chief Commercial Manger, North Frontier Railway, Gouhati as a necessary party for adjudication of the complaint. Under section 13 read with Section 15 of Railway Claims Tribunal Act, 1987 this Forum is not vested with the jurisdiction as said special Law will prevail over the general Law of Consumer Protection Act, 1986. Hence, the complaint is liable to be dismissed.
- In the enquiry stage the complainant has filed his evidence affidavit and got exhibited three documents which are not in dispute. Similarly, on behalf of the Opposite Party evidence affidavit of one Mr. M.Sami Naik stated to the Deputy Chief Commercial Manager (Claims) and Presenting Officer is filed reiterating the sub-standards of the contest in the written version.
On a consideration of material on the record the following points have fallen for determination:
- Whether this Forum has jurisdiction to entertain the complaint?
- Whether the complainant is entitled for the amounts claimed ?
- To what relief ?
Point No.1: The undisputed fact is that the complainant has booked four tickets by online on 25.05.2016 in 3rd AC. to travel from New Jalpaigiri to Secunderabad Station by train bearing No.125514 Gowhati - Secunderabad with PNR No.6655522977 and on the same day he sought for cancellation of the tickets by on line and sought for refund and IRCTC referred the matter to Opposite Party which repudiated the claim for reason that out of four, one passenger has travelled and for the remaining three tickets the complainant failed to produce non travel from Northeastern railways at Gouhati. Ex.A1 is the e-mail ticket containing details of the persons for whose travel, the complainant booked tickets on line. Ex.A2 is the complainants Bank Statement account which reflects transfer of Rs.10,485/- to Railway ticket Department for booking of four online tickets by the complainant.
Ex.A3 is the e-mail received by the complainant informing him his claim was referred to Zonal Railways by IRCTC a letter dated 13.06.2016 was received from the office of General Manager, North Frontier Railways informing train chart indicated that one passenger in the confirmed ticket travelled and non-travel certificate for the remaining three passengers has not been submitted by the complainant. Since, the boarding station comes under North frontier railway the claim of the complainant has to be presented there. It is not the case of the complainant that he has submitted a non-travel certificate issued with regard to the passengers who did not traveled. It is evident from Ex.A3 documents that the entire correspondence with the complainant was made by North Frontier Railway Zone, Railways at Gauhati and was informed about the repudiation the claim by North Frontier Railway Zone, Railways at Gauhati and inspite of it he has preferred the present complaint against the said zone with alone is competent to explain the circumstances under which the refund claim of him was repudiated. Without making North Frontier Railway Zone as party to this complaint is filed. The Opposite Party has no role in the reputation of complainant’s claim for refused. As such the complainant cannot maintain the complaint before this Forum as it was no territorial jurisdiction to entertain. Hence, point is answered against the complainant.
Point No.2: As rightly contended by the Opposite Party Railway Claims Tribunal Act, 1987 is a special enactment and it will prevail over the Consumer Protection Act, 1986 which is a general law. In the matter of Civil Appeal No.7142/1995 between Chairman, Thiruvallur Corporation Vs. Consumer Protection Council decided on 09.02.1995, the Apex court held that Railway Tribunal Act, 1987 being a special Law, it will prevail over the general law of Consumer Protection Act.
In the light of it this Forum cannot entertain the complaint. Accordingly the point is answered.
In view of the findings to the Point Nos.1 & 2 as above it has to follow that, the complainant is not entitled for the claim made in the complaint.
Point No.3: In the result, the complaint is dismissed and no order as to costs.
Typed by Typist, corrected and pronounced by us on this the 7th day of August, 2018.
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
PW1 DW1
Sri Abhijit Biswas Sri M.Sami Naik
Deputy Chief Commercial
Manager (Claims) and
Presenting Officer.
Exs. filed on behalf of the Complainant:
Exhibit: A-1 is a copy of e-ticket dt.25.05.2016.
Exhibit: A-2 is a copy of SBI Bank Statement.
Exhibit: A-3 is a copies of all e-mails.
Exs. filed on behalf of the Opposite parties
Nil
MEMBER PRESIDENT
kps
