Date of Filing:06-07-2017
Date of Order: 09 -10-2019
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
Wednesday, the 9th day of October, 2019
C.C.No.307 /2017
Between
Bobba Aruna Chowdari, R/o.Plot No.50,
Saikrishna colony, Old Bowenpally, Sec-bad-11……Complainant
And
South Central Railways Mr. Sha T.C
C/o. office, Deputy Station Master,
Kachiguda Station,
Hyderabad ….Opposite Party
Counsel for the complainant : Party in person
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 refund the cost of ticket purchased by the complainant amounts to deficiency of service hence to award a compensation of Rs.1,00,000/- and more as complainant suffered mental agony and all types of harassment.
- The complaint averments in brief are that on 29-4-2016 at 8.00A.M she purchased a ticket to travel to Bangalore by Yashwanthapur Express. The employee of opposite party at the reservation counter sold the ticket with an assurance and confirmation that though the ticket is in the waitlist it will be confirmed and she will have a safe journey. When the complainant went to the platform at the schedule time of departure the TC at S3 coach found taking bribes from the people and when the complainant approached him he advised her to get the ticket cancelled and she will get the full amount and there are no seats for the waiting list passengers. But by then, time is lapsed and her efforts for the cancellation of ticket and refund of the amount paid by her were ended in futile. The complainant approached the Railway police with complaint and she claims to have suffered at the police station. In response to her application for refund of the amount by cancelling the ticket the opposite party issued reply stating that request cannot considered as she approached after departure of the train whereas she was supposed to get the ticket cancellation at least 30 minutes before the schedule departure of the train. Hence the complaint.
- Opposite party filed a counter contending that filing of the consumer complaint without impleading Union of India represented by General Manager, South Central Railway is not maintainable. Complainant will not become a consumer since she sought for refund of the ticket fare for un-confirmed the seat or berth. The complainant was a wait listed passenger as she purchased waitlisted journey ticket dated 26-4-2014 and applied for refund on 11-7-2016 and same was repudiated as it was time barred and against the rules of the cancellation of the ticket. Hence there was no deficiency of service to the complainant on the part of the opposite parties.
The waitlisted passengers should get cancelled their tickets before departure of the train to get full refund. The present complaint has been filed against M/s. Shah, TC of the S3 coach which is not maintainable as there was no contract between the complainant and said TC. The amount paid by the complainant was received by the Union of India i.e, Railways and not the TC. Waitlisted passengers is not allowed to enter or remain in any Compartment on a train for the purpose of travelling as laid down under Section 55 of Indian Railway Act.
The complainant has made wild allegation against entire episode and the concept of the narration itself shows she was misguided by TC who could not provide accommodation due to the heavy rush for train No.17603/-. No one misguided the complainant for cancelling the ticket. If the complainant was misguided by the TTE she should have lodged a complaint on the same day itself. The complaint as an after taught and due to frustration for not receiving the refund for the waitlisted ticket. The complainant has tendered the ticket in the office of the Chief Commercial Manager (Refunds)/Secunderabad on 11-7-2016 and same was repudiated by the authorities in accordance with the rules. Since the surrender of ticket was not within 30 minutes before the schedule departure of the train. The same was communicated to the complainant. Since the complainant did not possess the requisite authority to travel and she was not allowed to travel by the authorities. The railways never takes responsibility for missing of un booked articles. The complaint has filed more than one year after alleged incident. Hence the complainant is not entitled for any relief.
- The complainant filed a rejoinder to the written version and substance of the same is, ticket was issued to her by the South Central Railway staff with an assurance of sleeper berth reservation. But on account of negligence and delayed suggestion she could not travel and she was not advised properly by TC to cancel the ticket in time. She filed a complaint in Kachiguda Railway police station and it was received by Mr.Niranjan Naik and S.I. Rama rao in the night hours but did not acknowledged immediately. She suffered a stroke on the night at the Kachiguda Railway Station but on account of timely care from the people she became normality. The facts narrated in the written version of opposite party are false and she is entitled for compensation.
In the enquiry the complainant has filed her evidence affidavit reiterating the substance of the complaint and has got exhibited four (4) documents. Similarly for the Opposite Party evidence affidavit of Divisional Commercial Manager at Hyderabad Division is got filed and through him three (3) documents are exhibited.
On a consideration of material brought on record the following points have emerged for consideration .
- Whether the complainant could be able to proof of deficiency of service on the part of the opposite party ?
- Whether the complainant is entitled for the compensation claimed in the complaint?
- To what relief?
Point No.1: Even according to the complainant herself she purchased the waiting list ticket on the morning of 29-4-2016. The person at the counter for sale of tickets alleged to have assured that the ticket will be confirmed and she will have nice journey. But when the train arrived at the platform the TTE namely Mr.Shah of Coach No.S3 was alleged to have been found collecting bribes from the people. She also alleged that the said TTE advised her to cancel the ticket for full refund of the amount as there was no vacancy as per the chart. So the essence of the allegation of the complainant is the TTE belatedly advised her to cancel the ticket for full refund of the amount. The rules relating to the cancellation of wait list passengers says the ticket should be presented 30 minutes before the schedule departure of the time. None of the refund rules says that TTE is required to suggest or advise the persons who possess un-confirmation tickets for cancellation. It is for the persons who purchase the wait list tickets to go through the rule position and make an attempt to get it cancellation in the given time. As per the material on the record the complainant presented the ticket for cancellation on 11-7-2016 i.e 14 days after the departure of the train. This itself falsifies the claim of the complainant that as per the advice of the TTE she went for the cancellation of the ticket after train departure. The complainant claims to have lodged a complaint with RPS, Kachiguda there was no proof of it. Even if the said fact is to be true it will have no significance because railway police are not concerned with the refund of the ticket amounts. Since the complainant did not seek cancellation of the ticket within ½ an hour before the schedule departure of the train and she presented the ticket for surrender fourteen (14) days after travel date it was rightly rejected by the concerned authorities and there is no violation of any rules or deficiency of service on the part of the opposite party. Accordingly point is answered.
Point No.2: In view of the above findings of this Forum it is to follow that the complainant is not entitled for any relief as claimed in the 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 9th day of October , 2019
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Exs. filed on behalf of the Complainant:
Ex.A1- complaint copy
Ex.A2- application
Ex.A3- Journey cum reservation ticket
Ex.A4-letter
Exs. filed on behalf of the Opposite party
Ex.B1- copy of the passenger chart
Ex.B2- copy of the rule position
Ex.B3- statement of the TTE
MEMBER PRESIDENT
