Sri. Apurba Kr. Ghosh          ……….President

The Complainant has filed this case against the O.Ps. under the provisions of Consumer Protection Act 2019 and praying for the following order / reliefs :-

1. Direction against the OPs to pay a sum of Rs. 7,210/- to the complainant towards the price of the tickets.
2. Direction against the OPs to pay a sum of Rs. 50,000/- to the complainant for mental and physical harassment.
3. Direction against the OPs to pay a sum of Rs. 50,000/- to the complainant for unfair trade practice.
4. Direction against the OPs to pay a sum of Rs. 20,000/- to the complainant towards cost of legal proceedings.
5. Any further relief/reliefs complainant is legally entitled.

BRIEF FACT OF THE COMPLAINT.

1. Complainant is a peace loving and law abiding citizen and he is a consumer under the Consumer Protection Act, 2019.
2. That, the complainant had purchased three tickets for himself, his wife and their child from Kalyan to Howrah on 09.04.2022 in Gitanjali Express from the Railway station counter Siliguri Town Station for an amount of Rs. 7210/-.
3. That, the date of journey was on 29.04.2022 and the PNR Number was 8250566189.
4. That, on 28.04.2022 after the chart was prepared the complainant and that two tickets were in waiting list No. 8 & 9.
5. That, as the tickets were not confirmed the complainant and his family did not board the train.
6. That, on the next day when the complainant went to the Railway Station Counter of Chatrapati Shivaji Maharaj Terminus Station for cancellation of his tickets the Ticket clerk informed the complainant that the same cannot be done as the train has already left from Kalyan Station and the complainant had to cancel the ticket within half an hour of the departure of the train.
7. That the chart was prepared at 10 pm. On 28.04.2022 and the train left from Kalyan Station at 6.52 am on 29.04.2022 and at both the time the said counter was closed.
8. That the complainant went to Mumbai to meet with his brother who is working in Indian Air Force and live in Kolshet which is 3 hours distance from Kalyan and complainant could not have anyway cancelled his tickets within half an hour of the departure of the train because ticket counter remain open from 8 am to 8 pm and the complainant went to the counter by 8 am on 29.04.2022 to cancel the tickets.
9. That, the complainant had complained by calling 139 which is the help line number of the OP and informed everything to the Customer Care executive but neither complaint number was generated not was any help provided to the complainant.
10. That, the complainant had also sent e-mails several times but of no reply was given from the OP and the complainant  had also sent a letter to Commercial Manager, Mumbai but no reply was given from the OP.
11. That, the cause of action of this case arose on 09.04.2022 when the complainant had purchased the tickets for the journey date of 29.04.2022 which continued as on 28.04.2022 when the complainant found that his two tickets were not confirmed and as a result he could not board the train and it continued on 29.04.2022 by 8 am when the complainant went to cancel the tickets which also continued as the Chatrapati Shivaji Maharaj Terminus Station Counter did not cancel the tickets, which is continued as from the customer helpline number 139 there was no help provided to the complainant, which is continued when the complainant sent e-mail and letter to the OP but they did not respond and the said course of action till date continued as the complainant did not get the refund from the OP.
12. That, the cause of action arose within the jurisdiction of this Commission.

In support of the complaint the complainant filed the following documents:

1. Photocopy of ticket.
2. Photocopy of chart status.
3. Copy of e-mail communication.
4. Photocopy of article delivery report.

Notice was issued from this Commission for serving upon the OP. Notice was duly served upon the OP. But the OP did not turned up before this Commission to contest this case and that’s why the case is proceeding ex-parte against the OP.

Having heard the Ld. Advocate of the Complainant and on perusal of the complaint, documents filed by the complainant the following points are taken to be considered by this Commission.

POINTS FOR CONSIDERARTION 

1. Whether the Complainant is a consumer?
2. Whether the case is maintainable under the C.P. Act 1986?
3. Whether there is any deficiency in service on the part of the O.P. as alleged by the Complainant?
4. Is the Complainant entitled to get any award and relief as prayed for as per the prayer of her Complaint?

Decision with Reasons

All the points are taken up together for discussion to avoid unnecessary repetition and for sake of convenience and brevity of this case.

In order to prove the case the complainant has filed written deposition in the form of an affidavit. In the written deposition the complainant has specifically corroborated the complaint. He specifically stated on which day he purchased the train ticket, on which day chart was prepared and on which day the complainant went to the ticket counter to cancel the ticket.

The complainant has also filed written notes of argument to prove the case. During argument Ld. Advocate of the complainant submits that, the complainant has been able to prove its case against the OP and he is entitled to get the relief as prayed for.

Having heard the Ld. Advocate of the complainant and on perusal of the complaint, written evidence, documents of the complainant and written notes of argument it reveals that, the complainant has been able to prove the fact that, he purchased three tickets from the Railway Ticket Counter of the OP. It is also proved on the side of the complainant that, when chart was prepared the tickets of the complainant were not confirmed. The complainant has also been able to prove the fact that, the chart was prepared at 10 pm on 28.04.2022 and the train had left from Kalyan Station at 6.52 am on 29.04.2022 and at the time of preparation of chart (10 pm) and at the time when the train had left Kalyan Station at 6.52 am the ticket counter of the OP was closed as the counter remains open since 8 am to 8 pm. It is also proved on the side of the complainant that when the complainant went to the ticket counter at 8 am on the next morning the OP did not refund the price of the ticket to the complainant though there was no scope of the complainant to cancel the waiting listed ticket within half an hour from the departure of the train as the ticket counter was closed and thereby the complainant has been able to prove the deficiency in service on the part of the OP.

Considering the unchallenged evidence of the complainant and considering the documents filed by the complainant we are of the view that, the complainant has been able to prove the case against the OP and he is entitled to get the relief as prayed for.

Hence,

O R D E R E D,

That the instant Consumer Case No. 85/2022 is hereby allowed on ex-parte against the OP but in part.

The OP is directed to pay a sum of Rs. 7,210/- to the complainant which is the price of the tickets. The OP is also directed to pay a sum of Rs. 20,000/- to the complainant towards compensation for deficiency in service and for mental & physical harassment. The OP is further directed to pay a sum of Rs. 10,000/- to the complainant towards cost of legal proceedings and the OP is further directed to pay a sum of Rs. 10,000/- in the Consumer Legal Aid Account of this Commission.

The OP is directed to pay the awarded amount within 45 days from this day failing which the OP shall have to pay interest @ 6% per annum from 29.04.2022 till making payment of the entire amount. ‘

Let a copy of this order be given to the complainant free of cost.