Date of Filing: 31-12-2016
Date of Order: 13-8-2019
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. D.NIRMALA, B.Com., LLB., MEMBER
Tuesday, the 13th day of August, 2019
C.C.No.10 /2017
Between
MADDIREDDI VENKAT REDDY
S/o.M.Vittal Reddy
Aged 43 years, R/o.Plot No.57,
Venkataramana Colony,
Near Raja Rajeshwari Temple, Hasthinapuram,
Chinthalakunta, L.B.Nagar, Saroornagar
R.R.District – Ph. No.9000899089 ……Complainant
And
The General Manager,
South Central Railway,
Secunderabad - 500071 ….Opposite Party
Counsel for the complainant : M/s.Syed Abdulkareem
Counsel for the opposite Party : Ms.Vijaya Sagi
.
O R D E R
(By Sri P. Vijender, B.Sc., LL.B., President on behalf of the bench)
This complaint has been preferred under Section 12 of C.P. Act 1986 alleging that refusal to cancel the tickets booked by the complainant with opposite party amounts to unfair trade practice hence a direction to refund the amount of Rs.820/- by effecting cancellation of tickets and to award a compensation of Rs.50,000/- for causing mental agony to the complainant and a further sum of Rs.10,000/- towards costs of this complaint.
- The complaint averments in brief are that the complainant booked a train journey cum Reservation ticket on 29-12-2016 under FT quota vide ticket No.A62781774 with PNR No.2226736 to travel by Hussainsagar Express to Mumbai on the same day. He also booked for return ticket by Mumbai Express BRD to Hyderabad Deccan vide ticket No.62781773 on 31-12-2016 vide PNR No.4628713 but the concerned person at the reservation counter issued return ticket to travel on the same day i.e, 29-12-2016 instead of 31-12-2016. Having learnt it the complainant sought to cancel return ticket but the concerned person at the reservation counter refused to cancel of return ticket. On account of it the complainant incurred a loss of Rs.820/- apart from time spent. He also suffered inconvenience due to delivery of return ticket with travel date as 29-12-2016 instead of 31-12-2016 and it amounts to unfair trade practice. Hence the present complaint.
- The opposite party filed a detailed written version. The defence set out in the written version is that without making Union of India represented by General Manager, South Central Railway the present complaint is not maintainable and same is held by Hon’ble High Court of A.P in the W.P.No.19978 of 2005. Similarly under Section 80 (1) of CPC No suits shall be instituted against the Government either State or Central without causing a prior notice and on this ground also the complaint is not maintainable.
The complainant approached the reservation counter at Secunderabad at 1.30P.M and submitted requisition forms for journey by train No.12701 from Mumbai to Secunderabad on 29-12-2016 and for the journey Secunderabad to Mumbai by Train No.17032 on the same day. The reservation form was filled by the complainant in his own handwriting and he submitted Xerox copies of pass port and Visa to avail benefit of Foreign Tourist quota. The reservation was arranged in Foreign Tourist quota as per the requisition only. On 29-12-2016 at 5.00P.M the complainant submitted a requisition for cancellation of ticket and sought refund of the amount but it could not be granted as per the circular CC.No.65//2015 issued in TCII/2003/2015/Refund policy/I New Delhi dated 6-11-2015 which came into effect on 12-11-2015. As per the said circular confirmed tickets can be cancelled only 4.00 hours before the schedule departure of the train.
As per the request submitted by the complainant in the requisition form tickets were generated and delivered to him. The claim of the complainant that he requested for return journey on 31-12-2016 by train No.12701 express but he was issued ticket for the journey on the same day i.e, 29-12-2016 instead of 31-12-2016 is not correct. It is evident from requisition form filled and signed by the complainant that he mentioned the date of journey at the relevant column as 29-12-2016. The complainant was under obligation to verify the details of the ticket like Train number, date of journey and from which place he board the train and destination place etc before leaving the reservation counter as same is clearly mentioned at the bottom of requisition form filled and signed by the complainant himself. The tickets were issued to the complainants as per the requisite form submitted by the complainant.
Since the complainant has approached the counter for cancelation of the ticket at 5.PM whereas schedule departure time of the train was at 8.40P.M on the same day the cancellation could not be effected as it was a confirmed ticket as per the circular referred above. The complainant was expected to see the refund rules displayed at the reservation board and exercise due diligence and prudence. As such there was no deficiency of service or unfair trade practice on the part of the railways. Hence the complaint is liable to be dismissed.
In the enquiry complainant got filed his evidence affidavit reiterating the material facts made in the complaint and to support the same got exhibited five (5) documents. Similarly for the Opposite Party evidence affidavit of its Senior Divisional Commercial Manger at Secunderabad is got filed and substance of the same in line in the written version. Three (3) documents are exhibited for the opposite party. Complainant alone filed written arguments and both sides made oral submissions.
On a consideration of material brought on record the following points have emerged for consideration .
- Whether the complainant could be able to make out a case of either deficiency of service or unfair trade practice on the part of the opposite party ?
- Whether the complainant is entitled for reliefs prayed in the complaint?
- To what relief?
Point No.1: The main allegation of the complainant is he submitted requisition for the purchase of tickets to travel from Secunderabad to Mumbai on 29-12-2016 by Hussain Sagar Express. On the same day he also booked ticket for return journey from Mumbai to Hyderabad but the person concerned in the reservation counter delivered him return ticket for travel date as on 29-12-2016 on the date of booking the ticket itself and this action on the part of the opposite party employee amounts to deficiency in service.
The next allegation of the complainant is having after seen that return journey date mentioned on the ticket as 29-12-2016 instead of 31-12-2016 went back to the counter and sought for the cancellation of return journey ticket or to correct the journey date to 31-12-2016 but it was refused and this act amounts to unfair trade practice on the part of the opposite party. To what extent this version of the complainant is true is now to be examination.
The documents filed by the complainant are Xerox copies of both reservation cum journey tickets, requisition form submitted for cancellation, his passport and Visa. None of these documents are in dispute. Whereas the opposite party filed the Xerox copy of requisition form submitted by the complainant for booking the tickets both for upward and return journey and the circular issued by the Central Government containing the procedure for cancellation of confirmed tickets. It is not in dispute that the complainant approached the Reservation counter and submitted requisition form for the reservation/ journey tickets. Ex.B2 is requisition for the travel on 29-12-2016 to board the train on the same date at Secunderabad destination shown is Mumbai and train number shown is 17032 whereas Ex.B3 is requisite form submitted by the complainant for the return journey from Mumbai to Secunderabad on the same day along with Ex.B2 requisition form. The Train Number in Ex.B3 requisition form is 12701 to travel from Mumbai to Secunderabad and the journey date mentioned by him is 29/12/2016 but the said date scored out and re-written above it as 31-12-2016.
In the evidence affidavit for the first time the complainant has come up with a version that he corrected the date and changed to 31-12-2016 for the return journey by train No.12071 but the clerk over looked it and issued journey ticket for 29-12-2016 instead of 31-12-2016. This specific version is missing from the complaint averments but the fact remained that in the requisition form there is a correction as to journey date from 29-12-2016 to 31-12-2016. The opposite party cannot allege that this correction of date is an after taught by the complainant because this requisition form in original is in the custody of opposite party and not with the complainant. So it is apparent that the concerned officer at the reservation counter overlooked the correction made at the date journey column and mechanically issued the ticket on 29-12-2016 to travel from Mumbai to Secunderabad.
It is important to bear in mind that the complainant was physically present at the reservation counter on 29-12-2016. So the person who was at the reservation counter could have taught it was not possible for the party to be present at Mumbai on the same day to travel from Mumbai to Secunderabad in the midnight as he was physically present at reservation counter at Secunderabad. Thus it is a clear case of deficiency of service on the part of the opposite party.
Now coming to the aspect of unfair trade practice admittedly the complainant presented the cancellation form at 5.00P.M whereas schedule time for departure train was at 8.30P.M and as per the circular issued by the Government of India under Ex.B1 to cancel a confirmed ticket the cancellation form should be submitted four hours before the schedule departure time of the train. The person at the reservation counter to receive the requisition form either for reservation or for cancellation is excepted to follow the circular issued. Hence his refusal to entertain the cancellation form submitted beyond the stipulated time does not amount to unfair trade practice. Accordingly point is answered.
Point No.2: though the complainant could be able to establish deficiency in service on the part of the opposite party this Forum cannot grant relief for the reason the complainant has not made Union of India as a party as per the law laid down by the Hon’ble High Court of A.P in the W.P.No.19978 of 2005 dated 16-11-2012. Hence no relief can be granted to the complainant in the present complaint.
Point No.3: In the result, the complaint is dismissed. No order as to costs.
Dictated to steno, transcribed and typed by her, pronounced by us on this the 13th day of August , 2019
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Exs. filed on behalf of the Complainant:
Ex.A1 – copy of ticket No.A62781773
Ex.A2- copy of ticket No.A62781774
Ex.A3- copy of cancellation form
Ex.A4- copy of passport of the complainant
Ex.A5- copy of certificate of registration of OCI
Exs. filed on behalf of the Opposite party
Ex.B1- Rule position for cancellation of the ticket
Ex.B2 & B3 requisition form submitted by the complainant
MEMBER PRESIDENT
