This case has been arising out of the complaint filed by the complainant against the O.Ps named above u/s. 12 of the Consumer Protection Act, 1986.
The case of the complainant who is an Advocate by profession, is that he went to Patna with his family members by Indian Railway from Alipurduar for that reason he booked railway reservation ticket on 06/11/2019 Vide PNR No. 623 -0385235 in Train No. 15668 and his date of journey was 09/10/2019. The complainant booked two deluxe Railway Returning Rooms at Patna Junction from 10/10/2019 to 11/10/2019. He booked that returning room from Alipurduar railway counter by payment of Rs. 2240/- for two days on 16/06/2019 and the Railway Authority issued the booking slip Vide No. 12029069 on 16/06/2019. The complainant and his family members traveled the said schedule date from Alipurduar Railway station on 09/10/2019 and arrived that Patna Railway station on 10/10/2019. At Patna Railway station he went to the Railway Authority at Patna station and showed their booking slip for the returning rooms but the Railway Authority did not say anything regarding the said booking of returning rooms. The complainant and his family members were moving at the Patna Railway station like a shuttle cook from one office to another office of the railway of Patna Junction. But none of the Railway Authorities helped them to know about the condition of that booked returning rooms and they did not stated whether they will provide any room for them or not. That Railway authority misbehaved the complainant and his family members and also did not provide them to any space in the waiting room. The family members of the complainant were full tired after long night journey and due to non-available of rooms they waited in the footpath. And ultimately at 8:30 A.M., the station manager finally stated they shall not provide the rooms to the complainant or they shall not arrange the other rooms and ultimately, the complainant booked the hotel in higher price and stay there with his family members. The Railway Authority also denied to return the booking amount of the said two returning rooms and they stated that the refund will be made by the Railway Authority of New Alipurduar Station where from the room was booked. The complainant ultimately, lodged a complaint Vide Serial No. 03052 on 10/10/2019 at Patna railway station. The complainant was in full dark whether the said booking were cancelled or why the Railway Authority did not provide the said returning rooms after taking the money from the complainant. Thereafter, the complainant came back to Alipurduar and contact with the said booking counter wherefrom the booking of returning rooms were made and other officer of New Alipurduar Station for refunding the amount but finally on 22/10/2019 the Railway Authority refused to refund the booking amount of the said two returning rooms. On the ground that the said money already sent to the Railway Authority of Patna. Due to the negligent act of the O.Ps the complainant and his family members were harassed but the Railway Authority did not sent any message to the complainant regarding the cancellation of the said booking of the rooms. It is the willful negligence and laches from the part of the O.Ps and this act of the O.Ps clearly indicates that there was deficiency in service from the side of the O.Ps. The complainant has claimed the billing amount of Rs. 2,240/- along with interest thereon and also claim of Rs. 1, 00,000/- for his mental agony and harassment and Rs. 17,760/- as litigation costs. The complainant has filed his reservation tickets and the booking slip of returning rooms and also files the copy of the complaint filed at the Patna Railway Station.
The O.P Nos. 1 and 2 have filed the written version and O.P Nos. 3 and 4 have also filed written version separately. The O.Ps clearly denied all the allegations of harassment, negligence and misbehavior in their written version. It also appears that two sets of written version that the returning rooms and dormitory of Patna Junction had been outsourced to be booked by the I.R.C.T.C. as such the same was handed over to the I.R.C.T.C. on 25/07/2019 for necessary renovation, up-gradation and operation. In this connection providing rooms are vested upon the I.R.C.T.C. not by the Railway Department. They further stated that if any allegation is there the complainant can lodge the complaint at the station manager. They further stated that the I.R.C.T.C. the necessary party but the complainant did not implead the I.R.C.T.C. in this case. They further stated that the refund of money for retuning rooms can be obtained from I.R.C.T.C. is an autonomous body and separate administration who should be the party in this case as the allegation made by the complainant stands against him. The O.P shifted all the responsibility upon the I.R.C.T.C. and the railway administration is not liable for that.
We have perused the materials on record meticulously. Considering the above pleadings the following issues are necessarily come out to consideration to reach just decision of the case.
POINTS FOR CONSIDERATION
- Is the complainant a consumer u/s.12 (1)(d)(ii) of Consumer Protection Act, 1986 ?
- Has this Forum jurisdiction to entertain the instant case?
- Is the I.R.C.T.C. is a necessary party in this case?
- Have the O.Ps any deficiency in service as alleged by the complainant?
- Is the complainant entitled to get any relief/reliefs as he prayed for?
In this case the complainant being an Advocate argued personally and submitted written argument and the Ld. Lawyer of the O.Ps argued on behalf of them and also filed the written Argument.
DECISION WITH REASONS
Considering the nature and character of the case all the points are taken up together for consideration for the sake of brevity and convenience.
Point Nos. 1 and 2:- In this case the complainant booked a returning room of the Railway Department of Patna (Bihar) by making payment and the allegation is he was not provided any room inspite of confirm booking. According to the provision of C.P. Act he is a consumer and the railway authority did not provide any room to him inspite of his confirm booking. In this regard he has made an allegation of railway authority. As a consumer he is entitled to file this case and this Commission has the jurisdiction to try this case as because the booking was done from Alipurduar Railway Station booking centre.
Point No. 3:- In this case the O.Ps raised the objection that the management of returning rooms have been handed over to the I.R.C.T.C. and the I.R.C.T.C. is sole responsible for providing room in respect of confirm booking but the complainant did not implead I.R.C.T.C. as an O.Ps as because I.R.C.T.C. is a necessary party. Ld. Lawyer for the complainant raised objection stating that he booked the returning rooms from the Railway Department at Alipurduar and it was not booked by the I.R.C.T.C. and he was not informed by any railway authority that I.R.C.T.C. will provide the rooms to him. So, according to him I.R.C.T.C. is not be necessary party in this case.
After perusal of this case record we find that the complainant booked the returning room at Patna (Bihar) from the railway counter of Alipurduar on 16/06/2019 on the basis of his reservation ticket PNR No. 6230385235. The railway counter has issued the receipt for reservation of the returning room for two days in the name of six persons as it appears from the said exhibit documents that is the reservation slip. The booking of returning rooms were confirmed from the written version of the O.Ps. It appears that the said returning rooms had been handed over to I.R.C.T.C. for renovation etc. on 25/07/2019 and the date of booking of the returning rooms was 16/06/2019. It appears that the returning rooms was not handed over to I.R.C.T.C. on 16/06/2019 and on that date Railway Department was in full charge of the said returning rooms but not I.R.C.T.C. I.R.C.T.C. did not issue any payment slip to the complainant there is no such allegation in the written version of the O.Ps that the railway authority informed the complainant that I.R.C.T.C. will provide the room or I.R.C.T.C. is responsible for not providing the rooms. It also appears that the booking was made on 16/06/2019 and on that date railway authority was the absolute owner of this returning rooms of that Patna Junction and I.R.C.T.C. was not responsible that as because on the date of booking the said returning rooms was not handed over to the I.R.C.T.C.. So, here I.R.C.T.C. is not come in the picture at the time of booking of the returning rooms and accordingly, we find that I.R.C.T.C. is not necessary party in this case.
Point Nos. 4 and 5:- In this case the admitted position is that the complainant booked the railway returning rooms in Patna Junction from Alipurduar on 16/06/2019 and the booking was confirmed for two days i.e. on 10/10/2019 and 11/10/2019, it also appears from the evidence that on the date of reservation the complainant and his family members went to Patna but they were not provided any retuning room at Patna Junction inspite of their valid reservation slip. The complainant lodged the complaint at the station manager of Patna Railway Station immediately on that date. From the written version, it appears that the O.Ps have almost admitted the case of the complainant but their contention is that the railway authority handed over the said returning rooms to I.R.C.T.C. for renovation, allocation etc. and I.R.C.T.C. is responsible for that. We consider here all the facts and evidence and we find that when the booking was made i.e. on 16/06/2019 the said returning rooms of Patna Junction was very much with the control and disposal of railway authority for which the railway authority has issued the payment receipt with confirmation of reservation of returning rooms. According to the written version the said returning rooms were handed over to I.R.C.T.C. on 25/07/2019 it that be show then the O.Ps have the responsibility to inform to both I.R.C.T.C. as well as the complainant regarding the present situation and also to provide returning rooms and to request the I.R.C.T.C. to provide the rooms to the complainant as they have received the money from the complainant for the booking but the O.Ps did not do anything for that and now trying to shift their responsibility in shoulder of the I.R.C.T.C. It also appears that the railway authority did not return the booking amount to the complainant inspite of his complaint. Here is the complete negligence and deficiency in service from the side of the O.Ps and due to their said deficiency in service the complainant and his family members were harassed and suffered mental agony after arriving at Patna Junction when the railway authority has refused to provide the rooms to them. The O.Ps did not avoid their responsibility for deficiency in service and the harassment occurred upon the O.Ps and his family members. Due to the said deficiency in service from the side of the O.Ps as well as for the harassment and mental injury to the complainant the O.Ps are bound to compensate the same by paying the compensation amount along with the refund of the money which the O.P Nos. 1 and 2 received from the booking the returning rooms. Considering all these facts we find that the complainant is entitled to get refund of Rs. 2,240/- along with interest @ 6% per annum from 10/10/2019 to till the realization of that amount the complainant is also entitled to get the compensation for harassment, mental agony and sufferings for himself and family members amounting to Rs. 90,000/-. The complainant is also entitled to get Rs. 10,000/- as litigation costs. The O.P Nos. 1 and 2 are bound to make payment on the basis of the above order passed in this case as they have received the booking amount.
Thus all the points are disposed of accordingly.
Hence, for ends of justice; it is;-
ORDERED
that the instant case be and same is allowed on contest against the O.Ps. The complainant do get the award of Rs. 2,240/- for his booking amount of retuning room along with 6% interest Per Annum from 10/10/2019 to till the payment of that amount and he also do get an award amounting to Rs. 90,000/- as compensation for harassment, mental agony and sufferings for himself and his family members and also Rs. 10,000/- as his litigation costs; total decreetal amount of Rs. 1,02,240/- (One Lakh Two Thousand Two Hundred Forty Rupees) along with interest on refund amount. The O.P Nos. 1 and 2 are hereby directed to pay the decreetal amount along with interest as stated above till the payment is made to the complainant. The O.Ps are directed to the pay the said award to the complainant within 30 days from this day, failing which legal action will be taken against him.
Let a copy of this final order be sent to the concerned parties through registered post with A/D or by hand forthwith for information and necessary action.
Dictated & Corrected by me
