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.6/2012 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.6/2012 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) Rs.813/- being the refund of the fare of unused Ticket with 12% per annum interest; (b) Rs.5,000/- towards compensation for causing mental agony; And (c) Rs.1,000/- 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 at Kurnool station for himself, his wife, sister and nephew for pilgrim town covering Dwaraka, Varanasi, Rameswaram, Tirupati, with a condition to complete the tour with in 57 days. During his tour from Dwaraka to Varanasi, he missed train. He was allowed to travel from Dwaraka to Ahmadabad in a local train. From Ahmadabad to continue his journey to Varanasi he had to purchase (3) tickets by paying Rs.323/-, Rs.245/- and Rs.245/-. After his return to Kurnool he applied for the refund of the charges of unused tickets to the Chief Commercial Manager, South Central Railway Station, Secunderabad. In response to his application dated 09-11-2010, the Chief Commercial Manager asked him to submit the original unused Circular Ticket Vide Letter No.C508/2083/10/08 dated 07-12-2010 for cancellation and refund. Accordingly he posted the required Ticket to Chief Commercial Manager on 27-12-2010. The complainant also wrote another letter dated 12-12-2011 reminding the Chief Commercial Manager about the refund. As no action was taken by Chief Commercial Manager to settle the claim, the complainant filed this case claiming appropriate reliefs. 3. Sworn affidavit and documents marked as Ex.A1 to Ex.A6 are filed by the complainant to prove his case. 4. In reply to the notice of this Forum opposite party No.1 filed his written version denying his liability by 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 claims Tribunal Act, 1987, this Forum has no jurisdiction to adjudicate the matter. (3) The complainant’s claim for refund was not processed in time due to non submission of original Ticket by him in time. As per the refund Rules the complainant is entitled to receive 50% of fate paid. Hence Rs.325/- is refundable and it was sent to him through station pay order bearing No.204781 dated 24-02-2012. 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 sworn affidavit to support his case. 6. Both sides filed written arguments. 7. Now the points that arise for consideration are: i. Whether the complainant made out a case against opposite parties to prove deficiency? ii. Whether the complainant is entitled for any reliefs? iii. To what relief? 8. POINTS i and ii:- Admittedly the complainant purchased Circular Train Ticket for 4 persons bearing No.267982 dated 09-08-2010 at Kurnool station. During his tour from Dwaraka to Varanasi he missed Train. He travelled in a local train from Dwaraka to Ahammadabad and to continue his trip to Varanasi he purchased three tickets by paying Rs.343/-, Rs.245/- and Rs.245/-. He applied for the refund of fare paid from Kurnool submitting unused Tickets to the Chief Commercial Manager, South Central Railway, Secunderabad. Despite a reminder to Chief Commercial Manager on dated 12-12-2011 the complainant did not receive the refund till today. The complainant is contended that opposite parties are negligent in settling the claim. Opposite party No.1 contended that complainant failed to include Union of India, who is proper and necessary party. Section 12 read with Section 15 of Railway Claim Tribunal Act, 1987, bars the jurisdiction of this Forum to adjudicate this matter. Further opposite party No.1 contended that a pay order for Rs.375/- bearing No.204781 dated 24-02-2012 towards the refund of entitled amount was sent to the complainant and hence sought dismissal of the complainant. Ex.A6 is refund Rules. As per Ex.A6 the complainant is entitled 50% of fare paid. Opposite party No.1 produced no evidence that the amount has been paid to the complainant. The complainant filed two citations IV (2004) CPJ 777 (NC), West Bengal State Consumer Disputes Redressal Commission, Kolkata and F.A.No.1349/2006 against C.D.4/2006 District Consumer Forum, Kurnool, A.P. State Commission Disputes Redressal Commission, Hyderabad. As per above citations the dispute in resent mater does not at all fall within the exclusive jurisdiction of the Railway Claims Tribunal Act. Besides Section 3 of CP Act provides additional remedy and this Forum is competent to entertain the claim. Further opposite parties contention that the complainant had excluded Union of India as party does not absolve him from his primary duty. In view of what is stated above this Forum holds that the complaint is maintainable accepting the contention of the complainant. 9. Point No.iii:- The complainant claimed refund of Rs.813/-. But according to the refund Rules he is entitled for 50% of fair paid. Hence Rs.375/- is allowed. The complainant is a senior citizen and he was made to go from pillar to post for more then 18 months for refund. Hence Rs.5,000/- is sanction as compensation for mental agony. 10. In the result, the complaint is partly allowed directing the opposite parties jointly and severally to pay Rs.375/- as 50% of 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 issued 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 : | 
