BEFORE THE DISTRICT CONSUMER’S FORUM: KURNOOL Present: Sri. T.Sundara Ramaiah, B.Com B.L., President And Sri. M.Krishna Reddy, M.Sc., M.Phil., Male Member And Smt. S.Nazeerunnisa, B.A., B.L., Lady Member Thursday the 8th day of June, 2012 C.C.No.5/2012 Between: Sri. G.Janardhana Reddy, S/o G.Madduleti Reddy, H.No.49/50-A-87G-4A, Lakshmi Nagar, Kurnool – 518 002. …Complainant -Vs- 1. The Chief Commercial Manager (Refunds), Refunds Section, Headquarters Office Commercial Branch, H.No.JB1, Rail Nilayam, Secunderabad – 500 003. 2. Station Manager, Kurnool Town Railway Station, H.No.JB1, Kurnool – 518 004. ...Opposite ParTies This complaint is coming on this day for orders in the presence of Sri G.Janardhana Reddy, In person for complainant and Sri M.D.V.Jogaiah Sharma, Advocate for opposite party No.1 and opposite party No.2 called absent and upon perusing the material papers on record, the Forum made the following. ORDER (As per Sri. M.Krishna Reddy, Male Member) C.C. No.5/2012 1. This complaint is filed by the complainant under section 11 and 12 of C. P. Act, 1986 against opposite parties seeking a direction for the payment of :- (a) Refund grant of Rs.605/- for unused ticket with interest at 12% per annum; (b) Rs.10,000/- as compensation for causing mental agony; (c) Rs.2,000/- as cost of the case. 2. The case of the complainant in brief is that he purchased a Circular Train Ticket bearing No.267982 dated 09-08-2010 for self, his wife, sister and nephew for pilgrim tour covering Dwaraka, Varanasi, Rameswaram and Tirupati with a condition to complete the tour within 57 days. His sister has fallen ill on 17-09-2010 and dropped and only him self, his wife and nephew performed the tour starting on 18-09-2010 at Kurnool. After reaching Dwaraka on 01-10-2010 he applied for cancellation of his sister’s Ticket and paid Rs.80/- as cancellation charges. The station authorities of Dwaraka advise him to collect the refund amount at Kurnool where the ticket was purchased. After his come back to Kurnool, on the advice of the station authorities of Kurnool, he wrote a letter on 09-11-2010 to the Chief Commercial Manager (Refunds) South Central Railways, Secunderabad for the refund of unused Ticket fare duly enclosing a Xerox copy of original Ticket and receipt of Rs.80/- issued at Dwaraka. He also wrote a reminder on 12-12-2011 to the Chief Commercial Manager (Refunds) to settle his claim. The opposite party was negligent and did not settle the claim. Hence the complaint. 3. Sworn affidavit and documents marked as Ex.A1 to Ex.A5 are filed by the complainant to support his case. 4. opposite party No.1 filed his written version denying his liability to the complainant’s claim on the grounds of (1) For non joinder of Union of India, who is proper and necessary party. (2) Under the provisions of section 13 read with section 15 of Railway claim Tribunal Act, 1987, this Forum has no jurisdiction to adjudicate the matter. (3) The complainant’s claim is already settled by sending station pay order bearing No.204781 dated 24-02-2012 for Rs.305/- which is 50% of fare paid according Rules of refund. The delay in processing the claim was due to non submission of original’s by the complainant in time. In view of the reasons mentioned above opposite party No.1 prayed for the dismissal of the complaint. Opposite party No.2 called absent. 5. Opposite party No.1 field his sworn affidavit. 6. Both sides filed written arguments. 7. Now the points that arise for consideration are: i. Whether there is deficiency of service on the part of Opposite Parties? ii. Whether the complainant is entitled for the reliefs as prayed for? iii. To what relief? 8. POINTS i and ii:- Admittedly the complainant purchased Circular Train Ticket for 4 persons bearing No.267082 dated 09-08-2010 at Kurnool station. He paid Rs.2,844/- as fare for 4 persons (Ex.A1 and Ex.A3). Unfortunately the complainant’s sister fallen ill on 17-09-2010 and dropped her trip. The remaining three persons started on 18-09-2010 at Kurnool and reached Dwaraka on 21-09-2010. The Ticket of complainant’s sister was cancelled at Dwaraka and paid cancellation fee of Rs.80/-. Ex.A2 is Xerox copy of cancellation fee receipt. The complainant applied for refund of fare paid from Kurnool to Chief Commercial Manager (Refunds) on 09-11-2010 enclosing copies of required receipts. Ex.A3 is application for refund. A reminder letter Ex.A4 was also sent to the opposite party with a request for quick settlement. The complainant contended that no action has been taken by opposite party No.1 negligently causing him mental agony. The opposite party No.1 contend that for nonjoinder of Union of India as party and according to section 13 read with section 15 of Railway Claims Tribunal Act, 1987 for not having jurisdiction in this Forum, the complaint is liable to be dismissed. Further opposite party No.1 contended that 50% of fare paid as per refund Rules (Ex.A5) amounts to Rs.305/- is already paid to the complaint through station pay order bearing No.204781 dated 24-02-2012 and hence sought dismissal of the case. On the basis of citations III (2011) CPJ 34 (NC), National Consumer Disputes Redressal Commission, New Delhi and F.A.No.1349/2006 against C.D.4/2006 District Consumer Forum, Kurnool, A.P.State Commission Disputes Redressal Commission, Hyderabad filed by the complainant regarding jurisdiction of Forum in this matter, the Forum is competent to entertain this matter, a part from that under the provisions of Section 3 of CP Act 8, this Forum provides additional remedy to complainant’s case. Besides opposite party No.1 failed to produce any receipt to confirm the payment of refund amount. From what is stated above the Forum holds that complainant proved the negligence on the part of opposite party No.1 in refunding the fare paid for unused Ticket. The contention of opposite party No.1 is rejected. Hence the complainant is entitled to receive compensation as prayed for. 9. Point No.iii:- Opposite party No.1 had already collected cancellation charges as per Ex.A2. Hence the complainant is eligible to receive the total value of unused ticker of Rs.605/-. The opposite party No.1 even after 1½ year did not settle the refund and made the complainant to suffer mentally and to approach the Forum for relief. Hence Rs.5,000/- is sanction as relief for mental agony. 10. In the result, the complaint is partly allowed directing the opposite parties jointly and severally to pay Rs.605/- as fare paid, Rs.5,000/- as compensation for mental agony along with costs of Rs.500/- to the complainant within one month from the date of order. The amounts awarded shall carry interest at 12% per annum from the date of default till realization. Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 8th day of June, 2012. Sd/- Sd/- Sd/- MALE MEMBER PRESIDENT LADY MEMBER APPENDIX OF EVIDENCE Witnesses Examined For the complainant : Nil For the opposite parties : Nill List of exhibits marked for the complainant:- Ex.A1 Photo copy of Circular Ticket No.267982 dated 09-08-2010. Ex.A2. Photo copy of Letter of Non Standard Circular Ticket issued by opposite party No.1 to complainant dated 09-11-2010. Ex.A3 Photo copy of Interim Reply Form No.C508/2083/10/08 dated 07-12-2010 of Chief Commercial Manager, Secunderabad. Ex.A4 Photo copy of Letter by complainant to opposite party No.1 dated 27-12-2010. Ex.A5 Photo copy of Letter by complainant to opposite party No.1 dated 12-12-2011. Ex.A6 Photo copy of Extract of Refund Rules page Nos.272 & 274. List of exhibits marked for the opposite parties:- Nill Sd/- Sd/- Sd/- MALE MEMBER PRESIDENT LADY MEMBER // Certified free copy communicated under Rule 4 (10) of the A.P.S.C.D.R.C. Rules, 1987// Copy to:- Complainant and Opposite parties : Copy was made ready on : Copy was dispatched on : | 
