Tamil Nadu

North Chennai

CC/84/2018

Mr.Prakash Singhi - Complainant(s)

Versus

The Chief Commercial Manager North western Railways - Opp.Party(s)

M/s.S.Nambi Arooran

23 May 2022

ORDER

Complaint presented on  :06.07.2018    Date of disposal               :30.06.2022

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (NORTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 600 003.

 

                   PRESENT : THIRU. G. VINOBHA, M.A., B.L.,                          :PRESIDENT

                                         TMT. KAVITHA KANNAN, M.E.,                         : MEMBER-I

                                         THIRU.V.RAMAMURTHY,B.A.,B.L.,PGDLA.,   :MEMBER-II

 C.C. No.84/2018

 

DATED THIS THURSDAY THE 30^th  DAY OF JUNE 2022

Praksh Singhi,

S/o. Kamalchand Singhi,

B-3, Barnaville Appartment,

27, Barnaby Road, Kilpauk,

Chennai-600 010.

Rep by Kamalchand Singhi,

No.46, Erulappan street,

Sowcarpet, Chennai-79

                                                                                                 .. Complainant.                                                                          ..Vs..

 

1. The Chief Commercial Manager (Refunds),

North Western Railway,

Head Quarters Office, Near Jawahar Circle,

Jagatpura, Jaipur-302 017.

 

2.  The Chief Commercial manager-Refunds

Western Railway, Station Building,

Church gate, Mumbai.

 

3.  The General manager,

Off. Of the General Manager,

Chennai Central, Chennai-03

 

4.   The Station Master,

Churu Railway Station,

Churu, Rajasthan-331001...Opposite parties.

 Counsel for the complainant                      : M/s. S.Nambi Arooran and 2 others

Counsel for  opposite parties                     : M/s.K.Muthamil Raja

 

ORDER

THIRU. G. VINOBHA, M.A., B.L., PRESIDENT

          This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act, 1986 prays to directing the Opposite party to refund  the amount of cancelled tickets to the complainant to the tune of Rs.30,990/- and to pay compensation for mental agony and psychological suffering Rs.53,010/- and to pay compensation for physical paid and suffering Rs.5,000/- and to pay cost of legal notice Rs.1,000/- and to pay compensation for deficiency in service.

1.THE COMPLAINT IN BRIEF:

          The complainant submitted that he booked ticket for six persons having PNR No.265282133 for journey from Jaipur to Chennai central in Train No.12970 for 22.11.2016 in I class A/C.  The ticket reservation status was waiting list viz.3,4,5,6,7 & 8.  The total cost of the tickets is Rs.30,990/- vide ticket bearing no.74855107.  The tickets were booked at Chennai central railway station. The complainant further stated that he cancelled the above said tickets at Churu railway station on 16.11.2016.  As the refund amount was more than Rs.5000/- the complainant was issued ticket deposit receipt bearing no.378706 at churu railway station on 16.11.2016.  Further the complainant was instructed at Churu railway station to send the original TDR copy to Western railway, Mumbai. The complainant stated that as instructed at Churu Railway station he sent the TDR copy to Western Railway, Church gate, Mumbai through registered post.  Inspite of having received the complainant’s ticket deposit receipt the railway has not refunded the amount to the complainant. Further the complainant sent remainder to the railway on 06.06.2017.  Even the opposite party has not refunded the ticket amount to the complainant.  Hence, the complainant was constrained to issue a notice to the opposite party on 06.11.2017. The complainant stated that he acted immediately upon the instructions of the Railway authorities in order to get the refund and also sent remainder to opposite party to refund the cancelled tickets amount.  The complainant stated that the acts of the opposite party would clearly amount to Gross Negligence and deficiency of service. The complainant prayed that refund the cancelled tickets a sum of Rs.34,410 and to pay compensation for mental agony a sum of Rs.53,010/-.  Hence the complaint. 

2.WRITTEN VERSION OF OPPOSITE PARTIES IN BRIEF:

The consumer complaint is not maintainable is not maintainable either in law or on facts and it is nothing but an abuse of process of law. The opposite parties submitted that the refund matter has been forwarded to North Western Railway, Jaipur by the Western Railway, Mumbai and refund matter received by the office of respondent No.01 only on 03.04.2017.  Further the opposite party submitted that the TDR application filed by the complainant dated 10.06.2017 has been received in office of respondent No.1 on 19.06.2017. The opposite parties submitted that the complainant advised regarding rejection of his refund application vide Letter No.C/RFC/05/2017 Churu BKN dated:26.05.2017 as the refund application has not been filed within the prescribed time limit of 10 days. The original TDR application should be reached in the office of concerned Chief Commercial Manager refund as early as possible.  The time limit of 90 days has not been printed in the TDR.  All the refund cases beyond the prescribed limit of 10 days has been rejected by the Chief Commercial Manager FM. N.W. Rly Jaipur. The opposite parties submitted that the complainant filed on appeal dated 13.06.2017 received in this 1^st office of Commercial Manager Refund, Jaipur respondent on 19.06.2017.  The appeal has been repudiated on the grounds of limitation and complainant has been informed accordingly vide letter no.C/RFC/4/17 Churu BKN dated:18.08.2017.  Further the complainant is not eligible to any reliefs as prayed in the complaint.

3. POINTS FOR CONSIDERATION:

1. Whether the opposite party committed any deficiency in service as alleged  in the complaint?

2. Whether the complainant is entitled to the reliefs prayed in the complaint.

If, so to what extent?

Complainant had filed proof affidavit and  Ex.A1 to A8 were marked on the complainant side.  The Opposite parties filed proof affidavit and Ex.B1 and B2 documents were marked on the opposite party side.

4. Point No.1:-

                   The complainant along with six other persons booked train ticket having PNR No. 265282133 for journey from Jaipur to Chennai central in Train No.12970 for 22.11.2016 in 1^st class AC the ticket reservation status was waiting list the total cost of Rs.30,990/- the tickets were booked Chennai central railway station.  The complainant cancelled the above said tickets due to personnal reason on 16.11.2016 at Churu railway station since the refund amount was more that Rs.5,000/- the complainant issued TDR receipt No.378706 at churu railway station and the complainant was instructed to send the original TDR to western railway church gate Mumbai and accordingly he sent the same by registered post.  But inspite of his request and remainder the opposite party failed to pay the refund of ticket amount and therefore the complainant claimed the refund of the cancelled ticket amount of Rs.30,990/- along with other reliefs. But, the opposite party contended that the refund matter has been forwarded to north western railway Jaipur by the western railway Mumbai and refund matter was received by the 1^st opposite party only on 03.04.2017 and further contended that the complainant has been advised regarding rejection of his refund application by vide letter Dated:26.05.2017 as the refund application has not been filed within the prescribed time limit of 10 days and further contended as per para no.1 of the TDR the original TDR application should reach the concerned chief commercial manager refund within 90 days from the date of journey and all the refund cases beyond the prescribed time limit has been rejected by the chief commercial manager north western railway jaipur and further stated that the appeal filed by the complainant on 13.06.2017 has been repudiated on the ground of limitation which was informed to the complainant by letter dated 18.08.2017 and therefore contended that the complaint is not maintainable.

          It is found from Ex.A2 the ticket deposit receipt the complainant cancelled the train ticket on 16.11.2016 Nine days prior to date if journey and Ex.A2 was signed by station master of churu railway station and sent to chief commercial manager refunds Mumbai and it is found from clause no.1 that the passanger seeking refund should sent an application in the prescribed form to the chief commercial manager (refunds) at the address printed on the top of TDR with original and application must reach the concerned refund office not latter than 90 days from the date of journey. It is found from Ex.A4 a copy of refund letter was addressed to chief commercial manager (refund) Jaipur on 06.06.2017.  Ex.A5 to A8 are copy of legal notice sent by the complainant the opposite party filed Ex.B1 dated 13.06.2017 which is a letter by complainant to the chief commercial manager (refunds) Jaipur wherein  it is stated by the complainant that the TDR original has to be filed at Jaipur instead of Mumbai and it is further stated that he has received communication from Northwestern railway stating that rejection of refund for non submission of TDR with in 10 days and further requested to refund the amount.  But the complainant has suppressed in the complaint about his rejection of refund claim by the chief commercial manager (refund) Jaipur.  It is found from Ex.B2 that the complainant has preferred appeal on 13.06.2017 against the repudiation claim and the said appeal was also dismissed by the opposite party on 18.08.2017.  The counsel for the opposite party relied upon a commercial circular issued by the ministry of railways in circular no.64/2015 dated 05.11.2015 in Clause.23 contended that the refund of fare a TDR shall be issued to the passenger and the passenger may applied for refund of fare within 10 days from the date of commencement of journey to the chief commercial manager (Refund) of the concerned railway administration under whose jurisdiction the TDR issuing station comes enclosing the original TDR and further contended that in present case the last date for receipt of TDR is 06.12.2016 but the TDR was received by concerned Jaipur office on 03.04.2017 after a delay of 118 days and therefore contended that the refund claim was repudiated by the opposite party as it was submitted beyond the time limit.  It is found from Ex.B1 that the complainant himself stated that the refund application has forwarded to Jaipur from Mumbai on 27.03.2017 which is beyond 90 days from the date of journey. Therefore the original TDR for refund of the Ticket amount has not reached the concerned authority within the prescribed time as stated in the above said circular as well as in the Clause contained in the TDR.  The complainant who failed to act diligently by filing the TDR within the prescribed time to the concerned authorities is not entitled to allege negligence or deficiency in service against the opposite parties. The complainant having submitted the cancellation request and along with TDR receipt belatedly is not entitled to accuse the opposite parties by alleging negligence on their part in not providing refund of the amount.  The complainant failed to file the refund application in time as a result the refund was repudiated by following mandatory provisions for refund of amount by the opposite party and hence there is no negligence or deficiency in service on the part of the opposite party. Point No.1 is answered accordingly.

Point No.2.

                Based on the findings given in the Point No.1 it is found that the complainant is not entitled for any of the reliefs claimed in the complaint. Point No.2 is answered accordingly.

                In the result, the complaint is dismissed.  No costs.

          Dictated  by the President to the Steno-Typist taken down, transcribed and computerized by him, corrected by the President and pronounced by us in the open Commission on this the 27^th   day of  June 2022.

 

MEMBER-I                 MEMBER – II                        PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1	27.03.2017	Copy of reservation ticket No.108170302696 CCM (Refund)
Ex.A2	17.11.2016	Copy of Ticket Deposit Receipt No.378708
Ex.A3		Copy of letter’s to the Chief Commercial Manager (Refunds) Mumbai by complainant along with proof of delivery
Ex.A4		Copy of letter to the Chief commercial Manager (Refunds) Jaipur by complainant.
Ex.A5	06.11.2017	Legal Notice issued by the Complainant along with proof of delivery.
Ex.A6		Copy of legal notice issued to CCM Church gate Mumbai, with proof of delivery.
Ex.A7		Copy of legal notice issued by Railway General Manager, Chennai with proof.
Ex.A8		Copy of Legal Notice issued to Station Master, Churu Railway Station with proof.

LIST OF DOCUMENTS FILED BY THE  OPPOSITE PARTY:

 

Ex.B1	13.06.2017	TDR application by the complainant.
Ex.B2	18.08.2017	Letter from Respondent appeal repudiated.

 

MEMBER-I                 MEMBER – II                        PRESIDENT