NCDRC

NCDRC

RP/3370/2016

INDIAN RAILWAY CATERING AND TOURISM CORPORATION LTD. (IRCTC) - Complainant(s)

Versus

SUBRATA BHAUMIK - Opp.Party(s)

MR. JITENDRA KUMAR SINGH

16 Dec 2016

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3370 OF 2016
 
(Against the Order dated 06/05/2016 in Appeal No. 1178/2013 of the State Commission Delhi)
1. INDIAN RAILWAY CATERING AND TOURISM CORPORATION LTD. (IRCTC)
TOURISM CORPORATION LTD.,(IRCTC) THROUGH ITS GENERAL MANAGER, HEAD OFFICE AT 11TH FLOOR, STATESMAN HOUSE, BARAKHAMBA ROAD,
NEW DELHI
...........Petitioner(s)
Versus 
1. SUBRATA BHAUMIK
AT 4B/24, 3RD FLOOR, OLD RAJENDER NAGAR,
NEW DELHI-110060
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE D.K. JAIN,PRESIDENT
 HON'BLE MRS. M. SHREESHA,MEMBER

For the Petitioner :
Mr. Jitendra Kumar Singh, Advocate
For the Respondent :

Dated : 16 Dec 2016
ORDER

1.       Delay condoned.

2.       This Revision Petition, under Section 21(b) of the Consumer Protection Act, 1986, by Indian Railway Catering and Tourism Corporation Ltd. (for short “IRCTC”), is directed against the order dated 06.05.2016, passed by the State Consumer Disputes Redressal Commission, Delhi at New Delhi (for short “the State Commission”) in First Appeal No. 1178 of 2013.  By the impugned order, the State Commission has affirmed the order dated 03.10.2013, passed by the District Consumer Disputes Redressal Forum, New Delhi (for short “the District Forum”) in Complaint Case No. CC/564/12.  By the said order, the District Forum, while accepting the Complaint, filed by the Respondent herein, alleging deficiency in service on the part of IRCTC in not refunding the amount paid by him for the unused ticket, purchased by him under the Tatkal Reservation Scheme, for travel from Ranipur to Delhi in a sleeper coach on 03.11.2010, had directed IRCTC to pay to the Complainant a compensation of ₹25,000/-, which was inclusive of value of ticket, harassment, inconvenience and litigation expenses.  

3.       Having heard learned Counsel appearing for IRCTC and perused the documents on record, we are of the view that having regard to the quantum the total amount involved, viz. ₹25,000/-, as well as the fact that finding by both the Fora below to the effect that the Complainant and his family members did not board the Train because even two hours before the scheduled departure time of the Train, their ticket had not been confirmed, we do not find it to be a fit case for interference in exercise of our Revisional Jurisdiction.  As stated above, both the Forums below have recorded a concurrent finding of fact that as per the last information furnished to the Complainant, his reservation had not been confirmed, on the basis of the text messages on the SMS received by the Complainant on “139” service, operated by IRCTC itself, indicating that up-to 17:36 hours and 18:09 hours, while the scheduled time of departure of the train was 20:00 hours, his reservation was not confirmed.  In the absence of any challenge to the said finding as being perverse on any ground and bearing in mind the fact that admittedly the reservation chart is prepared at least three hours before the scheduled time of departure, as affirmed by the learned Counsel, on facts, the decision of the Fora below cannot be faulted. 

5.       Accordingly, the Revision Petition is dismissed in limine, keeping open the question whether having regard to the arrangement between IRCTC and Indian Railways, who is liable to compensate the Complainant for the said lapse.              

 
......................J
D.K. JAIN
PRESIDENT
......................
M. SHREESHA
MEMBER

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