Jharkhand

Bokaro

CC/17/154

Santosh Kumar - Complainant(s)

Versus

The Chief Commercial Manager - Opp.Party(s)

T.N.Thakur

31 May 2022

ORDER

District Consumer Commission, Bokaro.

Case No. 154/2017

 Date of Filing-18-11-2017

 Date of Order-31-05-2022

Santosh Kumar Son of Late Bhushan Sharma Residence of Ram Rudra +2 High School, Chas,  District- Bokaro

Vr.

1. The Chief Commercial Manager

     (Refund) 14 Stand Road, 9^th Floor, Kolkata

 2. The Station Master, Railway Station,

      Bokaro Steel City, District- Bokaro

Present:-

          Shri Jai Prakash Narayan Pandey, President

             Smt. Baby Kumari, Member

                                                -Order-

1.   Complainant has filed this case with prayer for direction to O.Ps. to pay Rs. 10,000/- on account of the amount Rs. 4100/- paid for purchase of Railway Ticket, compensation Rs. 2500/- and litigation cost Rs. 3400/-.
2.   Complainant’s case in brief is that he applied for reservation ticket on 07.07.2017 at Bokaro Steel City Railway Booking counter for journey from Asansole to Haridwar and return journey from Haridwar to Jamui accordingly a ticket of 3 AC for Rs. 3070/- from Asansole to Haridwar was provided for journey on 21.09.2017 and another ticket from Haridwar to Jamui on Rs. 4100/- for journey on 27.07.2017 in 2 A.C. was provided. Later on after expiry of 27.07.2017 he applied on 19.09.2017 for cancelation of return ticket which has not been canceled inspite of complaint to Superior Authority hence case has been filed.
3.   Reply by the O.Ps. has been filed mentioning therein that as per decision of National Consumer Disputes Redressal Commission, New Delhi decided on 09.02.2016 in Revision Petition No. 4465 of 2014 case is not maintainable before this Commission rather it is subject matter of Railway Claims Tribunal Act 1987 hence competent Authority is Railway Claims Tribunal to decide it. Further ground is that cancelation of the ticket was applied after the date of journey without any certificate that journey was not commenced hence on the merit also prayer is not acceptable.
4.   Point for consideration in this case is that 1.- whether this Commission is having jurisdiction to entertain the case ?             2.- Whether complainant is entitled to get relief as claimed ?
5.    Point No.1:- in support of submission Learned Counsel for the O.Ps. has placed reliance on the decision of Hon’ble National Consumer Disputes Redressal Commission, New Delhi passed in Revision No. 4465/2014 decided on 09.02.2016 reported in          II (2016) CPJ 642 (NC). In that very case it has been held that as per section 13 of Railway Claims Tribunal Act, complaint for refund of access amount is not maintainable before Consumer Forum.
6.    In light of above principles laid down in above noted case we are of the opinion that complaint in respect to refund of the fare paid for reservation of Railway Ticket is not maintainable before this Commission.
7.   Point No.2:- On this point it is apparent that the ticket which was tried to be cancelled and refund for which prayer has been made was for the journey was to be performed on 27.07.2017 and cancellation was prayed after the date of journey on 19.09.2017 without any certificate that journey on that very ticket was not performed. Therefore, on this score also prayer is not acceptable on merit.
8.    In light of above discussion both points are being decided against the complainant. Accordingly, case is dismissed as discussed above.