Date of Filing:17.04.2008 Date of Order:31.07.2008 BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20 Dated: 31ST DAY OF JULY 2008 PRESENT Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President. Smt. D. LEELAVATHI, M.A.LL.B, Member. Sri BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member. COMPLAINT NO: 963 OF 2008 J. Bandyopadhyay, 203, Jyothi Residency, I Cross, Kaggadasapura, Bangalore-560193. Complainant V/S The Chief Commercial General Manager(Refunds) Western Railway. Churchgate, Mumbai-400020. Opposite Party ORDER By the President Sri. S.S. Nagarale This is a complaint filed by the complainant stating that he had bought railway tickets (e-tickets). The complainant, his mother and his wife were going to board the Ajmer-Bandra Terminus Super Fast Express (No.2996) at 10-00 AM on 4th November-2007. Arriving at Surat Railway Station on 4th November he did not find Ajmer-Bandra Terminus Express on the electronic display board. It was stated that train was 2 hours late. He sought Station Masters help. He advised the complainant to get 3 ordinary tickets and get into the Sayaji Nagari Express. He purchased 3 Plotform tickets. The complainant stated that the ticket checker told that he had to pay penalty for traveling without ticket. Complainant was forced to change the train due to railways inability to run the train punctually. He had to pay penalty of Rs.250/- for each in addition to the ticket charges. The complainant sought refund of the unused tickets. Complainant submitted that railways penalized for train their failure to give proper service. Railways by their failure to run train in time and thereby failed to give proper service. He has sent claim to the South Western Railways on 14th December-2007. The Chief Commercial Managers representative advised the complainant to contact the Chief Commercial Manager (Refund), Western Railways. Accordingly, he sent claim to the opposite party by RPAD on 31st January-2008. The opposite party has not given any reply. In view of the above facts the complainant prayed that opposite party be directed to refund the fare of the delayed Ajmer-Bandra Super Fast Express amounting to Rs.1,340/- and he has also prayed for refund the penalty of Rs.750/- levied on him and the complainant has prayed grant of compensation for harassment and humiliation. 2. Notice was issued to opposite party by RPAD. Notice was served on the opposite party. In spite of service of notice the opposite party has not appeared before this Forum. Defence version not sent by the opposite party even by post. Therefore, the opposite party was placed exparte. 3. Arguments of the complainant heard in person. REASONS 4. Perused the complaint, various documents produced by the complainant. Complainant is a senior citizen. He has explained all the facts in his complaint in detail. The allegations made by the complainant have gone unchallenged. The opposite party has not appeared and contested the matter. Therefore, there are absolutely no reasons to disbelieve the facts stated by the complainant. The complainant is definitely entitled for the refund of fare of Rs.1,340/- of the delayed Ajmer-BDTS Super Fast Express. The complainant had put up the claim for refund of the amount but the opposite party has not properly responded to the request of the complainant. The Chief Commercial Manager, South Western Railway referred the matter to the Chief Commercial Manager(Refunds), Western Railway, Mumbai to examine the case at an earliest. In view of the said reference the opposite party has not taken any steps for refund of the fare booked through e-ticket. In the absence of any defence on behalf of the opposite party, the case put up by the complainant deserves to be accepted as true and correct. Therefore, the opposite party can be directed to refund Rs.1,340/- to the complainant. The complainant has prayed for refund of Rs.750/- also on the ground that the railways wrongly levied penalty. This amount cannot be ordered to be refunded. Because admittedly the complainant, his mother and his wife traveled without ticket in Sayaji-Nagari Express. Therefore, the TTI levied penalty of Rs.250/- for each passenger in addition to the ticket charges. Therefore, this amount cannot be ordered to be refunded. The complainant has prayed compensation ofRs.5,00,000/- for harassment. Again this is not a case to grant Rs.5,00,000/- compensation to the complainant. For grant of compensation proper proof of harassment alleged by the complainant shall have to be established. For granting compensation a detail production of evidence both oral and documentary is required. The cases under the C.P Act are being disposed off in summary manner. If the complainant wants compensation against the opposite party, he has to file a regular suit and establish the harassment alleged by producing proper and legal evidence. Therefore, in this proceeding the grant of compensation is not considered. However, the matter is kept open. It is for the complainant to take legal action against the opposite party if he is so advised. As regards the refund of Rs.1,340/- is concerned it is quite just, fair and reasonable to direct the opposite party to refund the amount immediately. Since running of delayed train is definitely a deficiency in service on the part of the opposite party. In the result I proceed to pass the following:- ORDER 5. The Complaint is partly allowed. The opposite party is directed to pay Rs.1,340/- to the complainant within 30 days from the date of this order. In the event of non-compliance of the order within time frame the amount carries interest at 12% p.a from the date of this order till payment/realization. The opposite party is directed to pay Rs. 1,000/- towards costs of the present proceedings to the complainant. 6. Send the copy of this Order to both the parties free of costs immediately. 7. Pronounced in the Open Forum on this 31ST DAY OF JULY 2008. Order accordingly, PRESIDENT We concur the above findings. MEMBER MEMBER
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