This is an application u/s.12 of the C.P. Act, 1986.

          Complainant by filing this complaint has submitted that he purchased seven railway tickets for a family tour to Shimla with his family members and near relatives Howrah-Kalka Mail being Train No.12311 was scheduled to leave Howrah Station on 14-03-2014 at 19:40 hrs.  After reaching Howrah Station the complainant came to know that the train is late to depart and finally started journey from Howrah Station at 2:40 hrs. on 15-03-2014.  All the boarders had to arrange for local hotel near Howrah Station at a higher price.  The train was late by eight hours.  As a result, the boarders including an aged passenger had to suffer without any fault on their part and the Railway Authority made no announcement for delayed departure of the train.       

          The complainant also purchased tickets for 16-03-2014 of the linked train “Shivalik DLX Exp” from Kalka to Shimla, but due to delay of 11 hours, the said linked train departed from Kalka and no other linked train was available on the same day.  So, the tickets of the complainant were of no use and the amount expended for the purchase was not refunded.  Invariably they had to spend again for hotel stay at Kalka.

          The complainant demanded for refund of the money spent to purchase the tickets from Kalka to Shimla, but the railway officials repudiated his claim.  The complainant sent letter to the OPs on 11-04-2014 for compensation and refund of the value of tickets from Kalka to Shimla, but no response is received till date from their end.  The complainant states that this deficiency and failure on the part of the OP to provide service.  Thereby u/s.2(g) of the C.P. Act, 1986 the complainant is entitled to get the cost of the tickets along with compensation for financial loss for boarding of hotel at Howrah and Kalka.  The complainant also claims for harassment, mental and physical agony.  The OPs are to pay such amount for mismanagement occurred due to negligence of the OP and for failure to ensure due service to the complainant and his companions.      

          The complainant prays that OP be directed to pay cost of tickets amounting to Rs.2,815/- for journey from Kalka to Shimla OP is directed to0 pay compensation of Rs.1,00,000/- for undue expenditure towards hotel charges, harassment and mental agony OP is also direct4ed top pay litigation charges amounting to Rs.10,000/-.

          In his written version, the Chief Commercial Manager, Eastern Railway states that technical snag, security and breaking system require thorough checking and this checking takes same time.

          OP also states that Chief Commercial Manager’s Office of Northern Railway is the competent authority to clarify why refund was not made at Kalka and Eastern Railway is the non-joinder of the issue in the entire case.  Based on the remarks made by Station Master of Kalka Station full refund of Rs.2,815/- has been made from the Eastern Railway.  Pay order had been made on 14-07-2014 before the issuance of notice dated 05-08-2014.

          OP also states that the complainant has failed to provide any document as Evidence which proves that they had boarded hotel at Howrah Station and Kalka Station.  In case of delayed arrival of the down trains, re-scheduling of departure trains and even cancellation of up trains are done.  But in this case, Railway administration ensures cancellation to the passengers through TV channel, AIR and public address system as per laid down procedure.  The railway administration always arranges refund of the entire fare to the passengers in case of emergence of unforeseen situation like cancellation of trains and unwilling passengers who are not willing to travel due to delayed start of trains.  The Op states that as the refund of the ticket amount is made no question of compensation arises.  The OP has refunded the ticket amount, so there is no deficiency in service.  OP i.e. railway authority had nothing to do with this unavailable delay.  So, the complainant is not entitled to get any relief.

Decision with Reasons

On proper evaluation of the complaint and written version it is evident that complainant booked one ticket for Kalka to Shimla for journey and fixed time for departure by train was at 19:40 hrs on 14-03-2014.  Complainant accordingly prior to such hours arrived at the platform of the Howrah Station but on arrival they heard the announcement that the departure time for the train has been extended in view of the fact the train which shall have to start from Howrah to Kalka returned to Howrah from Kalka at late so ultimately on 15-03-2014 at about 2:40 hrs train started and complainant availed of the train and reached Kalka.  Fact remains there was a connectiing train for journey from Kalka to Shimla but due to late running of train Howrah-Kalka mail complainant failed to avail of the said train and for which they prayed for refund of the said amount at Kalka but Kalka Railway Authority reported that the refund shall be made by the authority to whom the price was paid and the authority who issued the ticket and it was noted in the ticket produced by the complainant.

Peculiar factor is that in the complainant there was no version on which date they prayed for refund of the money for the journey ticket from Kalka to Howrah.  But from written version it is found that OP has tried to say that they already issued pay order on 14-07-2014 but anyhow it is equally true that this complaint was filed on 15-07-2014.  Now, question is whether defence of the OP is at all believable.   In this regard we have gone through the documents and it is found that complainant purchased tickets for journey on 16-03-2014 whereas the pay order is found of dated 14-07-2014 that is long after four months but OP has failed to prove whether that pay order was at all served upon the complainants but in this regard OP is silent but fact remains for any reason beyond the control of the railway authority any train can be cancelled for that reasons passengers are entitled to get refund but there is no question of granting any compensation and that is the law and it is specifically mentioned that in the Indian Railways Act another factor is that complainant is silent in his complaint on which date they prayed for refund of the same.  but whatever it may be from the pay order of the OP it is clear that it was prepared not on 14-07-2014 but peculiar factor is that complaint was filed on 15-07-2014 whereas written version was filed on 24-09-2014 with and with that written version this pay order dated 14-07-2014 is filed and after giving proper attention over the written version including the filing of date of complaint on 15-07-2014 we are convinced that railway authority have their experience that they shall be penalized by this Forum for delayed payment for which the back dated pay order was prepared and that was submitted on 24-09-2014 and it is no doubt one kind of fraud practice on the part of the Railway Authority but truth is that complainant has not yet received it because OP has failed to produce any document that the said pay order was sent by them and it was received by the complainant.  Most interesting factor is that ticket was of dated 16-03-2014 but as yet the amount has not been refunded but invariably complainant prayed for refund which indicates that not only the train is running late but administration is too late to release or to refund the amount in respect of each journey which is common act of the railway authority.  Considering that fact we have gathered that harassment has been made by the OPs to get such refund as yet even after filing of this case against ticket of dated 16-03-2014 and that is sufficient to hold that worthless railway administration is always late and their train are also always late but this Forum does not know when before the railway authority the word late shall be substituted.  Anyhow, for such sort of harassment, mental pain and agony for non-payment  of refund amount even today OPs are no doubt negligent and deficient in discharging their duties and fact remains railway staff are all negligent, deficient what the general public, daily commuters are well aware and if it is continued invariably days will come when the commuters shall hang a poster on the head of the running train “Late Train” and in this regard we have already realized that the performance and responsibility of the OP are just like Late the staff.

Considering the conduct of the OPs and their manner of work including the speed we are convinced that their speed is below the speed of crocodile and for which in their defence they have shed crocodile tears but in the meantime by manufacturing back dated pay order they tried to save their scene but practically railway administration must have to keep in their mind that up to Hon’ble Supreme Court they fought and Chairman, Railway Board is also imposed penalty for Rs.1 lakh and that has been deposited.  Even after that railway authority is found an unorganized institution and they are running their administration just like the State Government undertaking bus services.  In the light of the above observation we are convinced to hold that complainant has proved the unfortunate immoral behaviour and conduct of the OPs.  Their manner of neglecting the consumers claim and also not entertaining the complaint in proper manner simply proves that they have their no moral values, social sanctity for which the complainant suffers much and for that reason complaint is entitled go get some compensation along with the order of getting refund of the ticket amount from the OP with cost.

Accordingly the complaint succeeds.

Hence,

Ordered

That the case be and the same is allowed on contest against the OP with a cost of Rs.5,000/-.

          OP is directed to refund the price of the ticket and also to pay Rs.10,000/- as compensation for causing mental pain and agony to the complainant and also for harassing consumers in such a fashion.

          OP is directed to pay entire decretal cost to the complainant within one month from the date of this order failing which for non-compliance of the Forum’s order penal damages  at the rateRs.100/- per day shall be assessed till full satisfaction of the decree and if the penal damage is collected it shall be deposited to the Forum’s Account.

          Even if it is found, OP is unwilling to comply the order in that case penal proceedings shall be started against the OP for which further penalty and fine shall be imposed.