Complainant Dhirednra Kumar Mahto has filed this complaint for a claim of Rs. 4140/- with 18% interest since 24.01.2017, the day, the tickets were cancelled along with compensation of Rs. 10,0000/- and litigation cost of Rs. 10,000/-.

2          The brief case is that complainant booked four tickets having PNR No. 2707189000, 2707189074, 6460003608 and 6460003139 for a journey from Bokaro to Bhubaneswar and return tickets from Bhubaneswar to Bokaro in sleeper class in train No. 12802 and 12801 Purushottam Express on 29.12.2016 and paid Rs. 5760/-. Due to unavoidable circumstances, he got the tickets cancelled on 24.01.2017 before Railway Booking Counter. The payments were made from the complainants bank account. After deduction of cancellation charges, Rs. 4140/- was to be retuned back by the Railway. The Booking cancellation officer told that the amount will be remitted in the account of the complainant but the refund amount was not remitted to his account. Lastly in the May 2017, the complainant went to City Booking Counter and told the fact, the officer concerned told to consult senior office. Then he informed in writing on 24.05.2017 in an application but he did not receive any reply. Then he made a complaint to Railway Minister on 04.08.2017 and he also sent a letter on 05.10.2017 to Sr. Divisional Commercial Manager, South East Railway, Adra Division for refund of the cancelled tickets. Hence this case is filed for deficiency in service.

3      The complainant has filed the following documents in support of claim:-

Anx-1 and 1/1 Copies of Pass book for payments.

Anx-2 and 2/1 Copies of Rail Tickets.

Anx-3 Copy of application to Railway Administration dt. 05.05.2017.

Anx-4  and 4/1 Copies of letter to Railway Minister and S.D.C.M. Adra.

Anx-5 to 5/8 Copies of Bank Pass Book pages.

4          O.Ps. appeared and jointly filed written statement.

            It is stated that this Forum has no jurisdiction to decide this complaint in the light of NCDRC Judgment in R.P. No. 4465/2014 N.Railway through G.M. Vrs. Dr. N.K. Singla.

            O.Ps. also rely on NCDRC Judgment in R.P. No. 3832 of 2010 Kacharu lal Agrawal Vrs. G.M. South East Central Railway, Bilaspur in which petition was dismissed in the light of specific provision of Railway Claim Tribunal Act 1987.

            It is submitted that Railway Claim Tribunal Act.  1987 is an act to provide and determine claims against Railway Administration for loss, destruction, damage, deterioration or non-delivery of animal or goods entrusted to it to be carried by Railway or for the refund of fares or freight or for compensation for death or injury to passengers occurring as a result of Railway accidents or (untoward incidents) and for matters connected therewith or incidental thereto.

O.Ps. specially referred section 13 (b) , Section 15 and Section 28 of R.C.T. Act 1987 and prayed to dismiss the complaint.

            It is also submitted that no notice under section 80 C.P.C. was sent by the complainant to the Railway.

It is also submitted that the complainant has also not submitted original tickets for refund amount, to Chief Commercial Manager (Refund) S.E. Railway Kolkata who is be competent authority to grant refund of tickets. Hence, there is no deficiency in service and there is no question of compensation.

F  I N D I N G S

            We perused the record and found the complainant Dhirendra Kumar Mahto has filed this complaint for payment of refunds of Tickets cancellation. He has claimed for refund of four tickets for nine people. But nowhere in the complaint petition it has been mentioned that he has filed this case in a representative capacity for others which is violation of section 12(c ) of C.P. Act and therefore, we are unable to hold him as a consumer in this case.

            Even he has not sought permission of the Forum to represent for the other consumers having the same interest because of the fact two tickets for three people and second for six people has been taken from Bokaro to Bhubaneswar along with returned tickets.

            Therefore, this complaint is not maintainable in an individual capacity for the rest of the consumers having the same interest.

However, the complainant is given liberty to file second complaint petition in representative capacity within the time period of two years.

In the result, this complaint is hereby dismissed as not maintainable.