THE CONSUMER DISPUTES REDRESSAL FORUM, KOZHIKODE.

C.C. 261/2012

Dated this the 25^th day of November 2014.

          ( Present:  Sri. G. Yadunadhan, B.A., LLB.                              :  President)             

                           Smt.Beena Joseph, M.A                                : Member

ORDER

By G.Yadunadhan, President:

          The case of the complainant is that complainant had availed a Railway ticket through  clear trip  Travel  service.  The ticket was Tatkal from Kozhikode to Bangalore for 13^th June 2012.  The ticket was booked on 12^th June 2012 received by mail confirmed  tatkal ticket for train No.16528 Yeswanthpur Express coach No.8.  Berth No.41(Lower) vide PNR No.4760236089 and boarded the train at Kozhikode station.  During his journey, T.T.E of the train examined the ticket and not found his name in his chart and he told the ticket is invalid..  The same berth was allotted to another passenger who was boarded at Tellichery.  Complainant asked to cross check with  clear trip agent, after check up with IRCTC it found cancelled.  It might be cancelled through clear trip only. Without confirmation  complainant forcefully get down  from the train to Tirur.  Complainant was a business man due to the above problem he lost his business that particular customer.  It  was a huge loss for him.  The act of opposite parties are clear deficiency of service and negligence  on their part. Therefore complainant seeking relief against opposite parties directing them to pay Rs.2,00,000/- along with cost of proceedings.

            Opposite party No.1 after serving notice entered in appearance and filed their version, stating that the complainant had booked a Railway ticket from Calicut to Bangalore.  It is also stated  that  complainant had given a confirmed ticket with P.N.R No.4760236089 and berth No.S8/41.  T.T.E had verified the chart and complainant’s name was not found.  Second opposite party checked with third opposite party and later it found cancelled. After examination TTE found that the S8 berth 41 is allotted to Mr. Mukundan. Without any ticket TTE could not accommodate the passenger to travel to Bangalore, whether the ticket cancellation made with the knowledge of the complainant.  No deficiency of service on the part of first opposite party.  Therefore complaint is liable to be dismissed.

            Second opposite party after serving notice entered in appear and filed their version.  Complainant having Website  with User/ID  holder th June 2012 at 10.44 AM to travel on 13^th June 2012 from Kozhikode to Bangalore by the Yashwanthpur train.  Second opposite party confirmation Email served to the complainant.  On the very same day  12^th June 2012, after receiving the confirmation, attempted to cancel the ticket, the attempt to cancellation  not successfully completed that request was forwarded to IRCTC.  IRCTC suddenly cancelled on 13^th July 2012, IRCTC very well  known to the fault.  Therefore second opposite party has not done any deficiency of service, complaint is liable to be dismissed.

            Third opposite party after serving notice entered in appearance and filed their version stating that, Complainant has booked a Railway Ticket through Clear trip travel service IRCTC authorized agent with PNR 4760236089 for one(1) passenger of journey on 13.06.2012  sleeper class in Tatkal quota from Kozhikode to Bangalore. Train No.16528 ticket was confirmed in coach No.S8 and berth No.41.

As per the existing procedure the customer booked the ticket through IRCTC website- wish to cancel the ticket, he has to log on to www.irctc.co.in and go to ‘booked Tickets’ click and select the ticket to be cancelled can initiate the cancellation by selecting the passengers to be cancelled.  Cancellation would be confirmed on line and the refund would be credited back to the account used for booking as for normal internet ticket.  The complainant booked through tatkal quota and as per the  extent railway rules no refund will be granted on cancellation of confirmed e-ticket. This opposite party under stand that the complainant had cancelled the ticket duly informing the second respondent.  The whole transaction took place through second opposite party. Third opposite party is not liable to  compensate towards the complainant.  Therefore complaint is liable to be dismissed.

Points for consideration

1. Whether any deficiency of service on the part of opposite parties?
2. Whether complainant is entitled to get any compensation from opposite parties? If so what is the relief and cost?

   Complainant was examined as PW1 and Exts.A1 to A4 were marked.  Opposite party have no oral  or documentary evidence.  Ext.A2 is the E-ticket confirmed for travel  on 13^th June 2012.  A4 is the ticket to travel on 14.06.2012. On perusal of complaint , deposition itself speaks the truth complainant’s relative done the ticket booking by using his own password and cancellation also made by him only.  It can not open by somebody else, the cancellation done by the complainant, but 13.06.2012, it was still with out cancellation,  second opposite party  forwarded the request to third opposite party, third opposite party cancelled to ticket on 13.06.2012. Without knowing the cancellation complainant enter into the train, that time only he knows the ticket was invalid; he could have very well confirm with the ticket before enquiry the attempt was not made seen before joining.  This is the  boredom  duty of the passenger to  verify and enquire before joining regarding the  validity of the ticket. All the opposite parties have done their duty properly.  T.T.E. never allowed the passenger to travel without valid ticket, IRCTC also after receiving the request cancelled the ticket on 13^th June 2012, there is no deficiency of service on the part of opposite parties.  Therefore no merit in this complaint, complaint is liable to be dismissed.

Pronounced in the open court this the 25^th day of November 2014.

Date of filing:15.06.2012.

SD/- PRESIDENT                                                                                       SD/- MEMBER

APPENDIX

Documents exhibited for the complainant:

A1. E-ticket issued by the opposite party

A2. Electronic Reservation Slip issued by the opposite party

A3. Copy of Pan card of complainant

A4.Railway ticket dated 14/06/2012 

Documents exhibited for the opposite party

Nil

Witness examined for the complainant:

PW1. Nirmala (Mother-in-law of complainant)

Witness examined for the opposite party:

None

                                                                                                                        Sd/-President

//True copy//

(Forwarded/By Order)

SENIOR SUPERINTENDENT