Date of filing : 01-10-2011
Date of order : 24-12-2011
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.248/2011
Dated this, the 24th day of December 2011
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT.K.G.BEENA : MEMBER
Chals.A, } Complainant
Sarangam, Mulleriya.Po.
Kasaragod, 671543.
(In Person)
1. Divisional Commercial Manager (Refund), } Opposite parties
Southern Railway, Palakkad.
2. Station Master,
Kasaragod Railway Station.
O R D E R
SMT.K.G.BEENA, MEMBER
The case of the complainant Sri. Charls .A is that he has reserved three tickets from Aluva to Kasaragod on 15th June 2011. But they could not travel on that day therefore he entrusted the tickets for refund with Kasaragod Railway Station authorities. It is informed from the station that the amount has to be obtained from Palakkad Divisional Office within 3 months and they issued a receipt. But so far the amount has not repaid. Hence the complaint.
2. Opposite parties filed version stating that complaint is not maintainable, as Railway claims Tribunal, established under Railway claims Tribunal Act 1987 is functioning at Ernakulam for exercising jurisdiction for dealing with all claims against the railways. Opposite parties admits that complainant had reserved 3 berths in sleeper class by Malabar Express on 15-06-2011 from Aluva to Kasaragod and the said tickets was brought for refund at Kasaragod Railway Station on 16-06-2011 after 18 hours of the departure of the train. As per refund rules Rule No.6 unused tickets on which reservation has been made, the refund of the unused tickets are to be obtained in accordance to the terms and conditions laid down therein. The station is not having power for arranging refund of the unused tickets. It can only issue a ticket deposit receipt (TDR) collecting the unused original ticket from the passenger. For refund the holder of such TDRS has to apply to “The Chief Commercial Manager (Refunds) or Divisional Commercial Manager of the jurisdiction. The complainant has not submitted necessary application for the refund of the Fare of the unused tickets to “The Chief commercial Manager (Refunds) Chennai or Divisional Commercial Manager, Palakkad. Surprisingly the complainant had submitted the original TDR before the Hon’ble Court and requested for arranging refund of the unused ticket through this complaint, blaming the opposite parties. The passenger foil of the TDR is handed over to the complainant at the time of surrendering unused ticket, guidelines for the passenger have been furnished therein. The original TDR must be submitted along with the request for refund. The application must reach at the refund office at the earliest and not later than 90 days from the date of journey i.e. before 14-09-2011 preferring a claim is now barred by limitation of time as laid down in the refund rules.
3. Complainant is appeared in person. Complainant and opposite parties counsel argued the matter.
4. Here the complainant had reserved 3 berths in sleeper class by Malabar Express. But he could not travel on that day brought for refund at Kasaragod Railway Station on 16-06-2011 after 18 hours of the departure of the train. The station authorities has the power to issue TDR, it is issued and advised the complainant to give an application to the Chief Commercial Manager or Divisional Commercial Manager along with TDR”. Here the complainant is an ordinary person. He submitted before the Forum that once he collected the amount of the unused ticket from the station directly. That time he may be in the waiting list, unreserved tickets (waiting list) can be obtained through station directly before the departure of the train. Here the ticket is reserved and the complainant approached the station after 18 hours of departure of the train. According to opposite parties rule 21 is applicable after departure of the train. He was advised to apply to Chief commercial Manager or Divisional Commercial Manager (Refunds). But the complainant did not apply as advised and not received the amount. After 14-09-2011 the application for refund of the amount is time barred. Complainant approached the Forum hoping the refund of money. Considering the innocence of the complainant we consider this as a particular case and direct the complainant to give a fresh application to the Divisional Commercial Manager, Palakkad with the original TDR. We direct the opposite party No.1 to receive the application of the complainant condoning the delay and refund the amount within 30 days from the date of receipt of this order. Failing which opposite party is liable to pay interest at the rate of 9% for the amount due to the complainant from the date of complaint till payment.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Ext.A1. Ticket Deposit receipt
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Forwarded by order
SENIOR SUPERINTENDENT
Pj/
