DATE OF FILING : 05.06.2014.
DATE OF S/R : 03.09.2014.
DATE OF FINAL ORDER : 19.06.2015.
Sri Uday Banerjee,
son of late Bankim Ch. Banerjee,
residing at Ashoknagar, P.O. & P.S. Ashoknagar,
District 24 Parganas ( North ),
PIN 743222,
Contact 9432203424.………………………………………………… COMPLAINANT.
Versus -
Station Superintendent,
Howrah Railway Station,
Howrah – 711101.
- Chief Commercial Manager ( Refunds ),
South Eastern Railway,
14, Strand Road ( 9th floor ),
Kolkata 700001. ……………………………………………OPPOSITE PARTIES.
P R E S E N T
Hon’ble President : Shri B. D. Nanda, M.A. ( double ), L.L.M., WBHJS.
Hon’ble Member : Smt. Jhumki Saha.
Hon’ble Member : Shri A.K. Pathak, L.l.b., ( Retired Railway Officer ).
F I N A L O R D E R
This is an application U/S 12 of the C.P. Act, 1986 filed by the petitioner, Uday Banerjee, against the o.p., Station Superintendent, Howrah and another, praying for an order directing the o.p., Railways, to refund the fares for untraveled reservation tickets and also directing the o.p. to pay compensation for a sum of Rs. 4,50,000/- for mental agony and harassment caused to these senior citizens and three others and also litigation costs of Rs. 5,000/-.
The case of the petitioner is that he and 11 other family members booked confirmed journey cum reservation tickets for journey from Visakhapatnam to Shalimar by train no. 22850 on 25.10.2013 but railway authority diverted the said train through another route via Kazipet without touching Visakhapatnam resulting the complainant and family members unable to avail the said train on schedule date and time and they had to travel by another train to Tatanagar fromVisakhapatnam and then to Howrah by Ispat Express no. 12874.
- There was no time to cancel the confirmed tickets of train no. 22850 and even after several requests the TTE did not endorse on the confirmed tickets for travelling from Visakhapatnam to Shalimar and thus the petitioner had to pay the fare afresh with extra charges for their journey from Visakhapatnam to Tatanagar and Howrah. The acts and conducts of railway officials caused mental and physical harassment and agony and on arrival at Howrah when he tried for refund oftickets then he failed and he had to surrender his untraveled reserved tickets at Howrah Railway Station againstT.D.R. ( Ticket Deposit Receipt) being no. 161832 to 161837 on31.10.2013 and also lodged a complaint before the CCM, South Eastern Railway, Howrah, on 06.11.2013. It is clear from the guidelines of Railways that the application for refund should be made within 90 days from the date of journey as is described in T.D.R. but the o.p. Railways by letter dated 09.12.2013 refused to refund the fare against T.D.R. on the ground that the claim was not made within 10 days after the date of journey. The act of o.p. amounted to deficiency in service for which he filed the case with the prayer.
- The o.p. Railways contested the case by filing a written version wherein they denied the allegation made against and further submitted that the petitioner could have approached the PRS Counter at Visakhapatnam for refund of fare and the refund rule in described in the TDR has been amended and the time limit of claim has been changed from 90 days to 10 days from the date of journey and so the petitioner is not entitled to get the relief as prayed for.
- Upon pleadings of parties the following points arose for determination :
Is the case maintainable in its present form ?
Whether the petitioner has any cause of action to file the case
Whether there is any deficiency in service on the part of the O.Ps. Railway Authority ?
Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
- All the issues aretaken up together for the sake of convenience and brevity for discussion. In support of his case the petitioner, besides, affidavit filed copy of TDR and copy of letter dated 01.11.2013 addressed to Chief Commercial Manager ( Refund ), Eastern Railway, requesting him to arrange refund of fare by payment through NEFTand he also filed a copy of letter dated 09.12.2013 issued by CCM and duly received by him and also copy of letter dated 16.12.2013 written by him to the CCM ( Refund ) and also praying for refund of fare by payment through NEFT and another letter of Assistant Commercial Manager ( Refunds ) dated 26.3.2014 and photograph and the refund rules as pasted in the notice board of South Eastern Railway, Howrah, and some copies of railway tickets and copy of ‘Trains at a glance’ published by Railways.
- On scrutiny of the documents filed by the petitioner it is noticed that the petitioner booked his tickets for himself and other 11 members of his family fromVisakhapatnam to Shalimar by train no. 22850 on 25.10.2013 and the railway authority diverted the said train by another route via Kazipet without touching Visakhapatnam resulting the petitioner and others unable to avail the train on the schedule date and time and they had to travel from Visakhapatnam to Tatanagar and then to Howrah by separate train booking fresh tickets and so filed this case as the railway authorities refused to pay him the fare for the untraveled railway tickets which were deposited by him against TDR Receipt nos. 161832 to 161837 on 31.10.2013.the railway authorities made objection before the Forum that the petitioner is not entitled to yet refund of fare as the refund rule described in the TDR was amended and the petitioner deposited the prayer after 10 days which was the schedule time for depositing the prayer. On scrutiny of the case records as well as the documents filed by them and the specific notification filed by the o.p. railways and the copy of the ‘Trains at a glance’ for the year 2013 to 2014 valid from July,2013to June, 2014 published by the Indian Railways it is noticed that the railway notification dated 06.06.2013 categorically showing that for refund of fare under circumstances like bandh, agitation or floods the passengers would apply for refund within a period of 10 days from the date of commencement of journey to the Commercial Manager (Refunds ) of the Railway Administration under whose jurisdiction theTDRissuing station comes and in the instant case the petitioner applied before the CCM ( Refund ) not within 10 days as per notification and so the railways rightly refused to refund any fare to him. But when thisForum looks into the ‘Trains at a glance’ published by the Indian Railways then it is noticed from the refund rules for the years 2013 -2014 that the ticket deposit receipt ( TDR ) should be obtained from the nearest major station within 30 days from the scheduled travel and the passenger must submit an application in the prescribed form to the Chief Commercial Manager of Zonal Railway, within 90 days from the date of the scheduled train.Thus when the notification of the Ministry of Railway published on 06.02.2013 at New Delhi stating that the application in the prescribed form printed on the back of the TDR be submitted before the Chief Commercial Manager within 10 days from the date of commencement of journey then the refund rules mentioned in the ‘Trains at a glance’ published by Railway clearly and categorically mentioned that the application must be submitted within 90 days from the date ofjourney. Both thedocuments in original and both are published by the railways and thus the railways to find answer to the question arose here. These documents not only shows the negligence on the part of the largest organization of our country but also showing their negligence in letters. Generally the notification of the railways are not handed over to the common men who travelled by the railways and such common passengers like the petitioner here moved place to place depending on the rules and regulations as published in the ‘trains at a glance’ which is also a creation of the Indian Railways. Thus it is palpably clear that it was sheer negligence on the part of the railways and specifically the Southern Railway of the Ministry of Railways who published the ‘Trains at a glance’ and the said publication is at the route of all evils. The petitioner, who had neither committed any mistake nor any absence of diligence which would prevent him from not getting the refund amount. Further in the application for refund of fare there are guidelines for passengers which is placed before this Forum and in the said application there is mention that the application must reach the concerned refund office within 90 days from the date of journey and also in the refund rules as shown in the Howrah Railway Station and the photo copy of the same is placed before this Forum by the petitioner clearly making no such mention that while surrendering the untraveled tickets against TDR one as to apply within 10 days.
- In view of above discussion and findings this Forum finds that the petitioner successfully substantiated to prove their claim and are entitled to get refund of the fares for their untraveled reservation tickets an also entitled to compensation as well as costs as would be fixed by this Forum.
Hence,
O R D E R E D
That the C. C. Case No. 321 of 2014 ( HDF 321 of 2014 ) be and the same is allowed on contest with costs of Rs. 5,000/- against the O.P. nos. 1 & 2 to be paid in equal share by the o.ps.
The petitioner, Uday Banerjee, is entitled to get refund of the fares for untraveled reservation tickets for 12 persons and the amount would be calculated by the o.ps. on the basis of copies of tickets filed along with TDR application and the o.ps., Railways, are directed to pay a sum of Rs. 12,000/- as token compensation to all the 12 passengers being Rs. 1,000/- each to each of them for the sufferings hurled on them both physically and mentally.
The o.ps, Railway Authority, are directed to make the above payments of fares, cost and compensation within 30 days from the date of this order failing the amount would carry interest @ 9% p.a. after the expiry of the stipulate period and also the petitioner shall be at liberty to put the final order in execution.
Supply the copies of the order to the parties, as per rule.
DICTATED & CORRECTED
BY ME.
( B. D. Nanda )
President, C.D.R.F., Howrah.
