Order No. 11 dt. 19/04/2018
The case of the complainant in brief is that due to urgent need of business along with two other co-passengers purchased one ticket being no. 06998540 dated 9.8.2016 under PNR No. 06998540 for travelling from Howrah to Yeshwantpur through train no. 12245 by making payment of Rs.3,990/- (Rupees Three Thousand Nine Hundred and Ninety only) at the time of issuing the aforesaid ticket it was issued as wait listed and at the time of date of journey of the said ticket was shown as waited list 4,5 and 6, after coming to know the status of the ticket the complainant rushed to ticket counter for refund of the amount but the person in the ticket counter refused to arrange for refund of the said amount as the said ticket was issued under TATKAL basis. The complainant thereafter contacted with Chief Commercial Manager, Eastern Railway did not pay any heed. Subsequently complainant sent letters asking for the refund of money of the said ticket but no action was taken for which the complainant filed this case prayed for direction against the o.ps. to refund the amount of Rs. 3,990/- (Rupees Three Thousand Nine Hundred and Ninety only) and compensation of Rs.10,000/- (Rupees Ten Thousand only) and litigation cost of Rs,10,000/- (Rupees Ten Thousand only).
O.p. contested the case by filing w/v and denied all the material allegations of the complaint. It was stated that the cause of action arose in respect of the claim of the complainant relating to South Eastern Railway (SER hereafter) but the complainant has not made the SER as the party to this case. In case of the ticket purchased in waitlisted the whole amount will be refunded by railway with a reasonable time is nothing but a mere stipulation and not based on any proof. As per record of the refund section of SER the complainant submitted caser registered dated 10.08.2016 ticket was not surrendered up to 30 minutes before the scheduled departure of the train. Hence the claim was repudiated as per Railway Rules. It was further stated that the complainant being the buyer or purchaser of the railway ticket should know the meaning of waitlisted ticket this means the ticket of which no berth or seat has been allowed if that be the position then question of getting into the train or performance of journey does not arise at all. As per the Rule-7 of the Railway Notification, in spite of refund of fare shall be granted or RAC ticket or waitlisted ticket after three hours of actual departure of the train. The complainant has stated that he had no knowledge regarding the procedure for getting the refund of the amount, such plea is not at all acceptable.
On the basis of the fact stated the above the o.p. prayed for dismissal of the case.
Considering the submission of the respective parties whether the following points are to be decided:-
- Whether the complainant purchased waitlisted ticket?
- Whether the complainant about refund of money and that refund of money as per the terms and conditions of the Railway Rules?
- Whether the complainants will be entitled to get back the amount paid by him?
- Whether there was any deficiency in service on the part of the o.p.?
- Whether the complainants will be entitled to get any relief as prayed for?
Decision with reasons :-
All the points are taken up together for the sake of brevity and avoidance of repetition of facts.
Ld. Lawyer for the complainant did not appear at the time of hearing of the case.
Ld. Lawyer for the o.p.s argued that the cause of action arose in respect of the claim of the complainant relating to South Eastern Railway (SER hereafter) but the complainant has not made the SER as the party to this case. In case of the ticket purchased in waitlisted the whole amount will be refunded by railway with a reasonable time is nothing but a mere stipulation and not based on any proof. As per record of the refund section of SER the complainant submitted caser registered dated 10.08.2016 ticket was not surrendered up to 30 minutes before the scheduled departure of the train. Hence the claim was repudiated as per Railway Rules. It was further stated that the complainant being the buyer or purchaser of the railway ticket should know the meaning of waitlisted ticket this means the ticket of which no berth or seat has been allowed if that be the position then question of getting into the train or performance of journey does not arise at all. As per the Rule-7 of the Railway Notification, in spite of refund of fare shall be granted or RAC ticket or waitlisted ticket after three hours of actual departure of the train. The complainant has stated that he had no knowledge regarding the procedure for getting the refund of the amount, such plea is not at all acceptable.
On the basis of the fact stated the above the o.p. prayed for dismissal of the case.
On the basis of the submission of the o.p. and on perusal of the material on record it appears that the complainant purchased three waitlisted tickets but due to non-availability of the seats and berth the complainant could not avail the journey on that date since they had no right to enter the train and to travel in the said train. It appears from the record that the complainant purchased TATKAL tickets and since the complainant did not surrender those tickets within 30 minutes from the departure of the train and accordingly the claim was repudiated as per Railway Rules. But on the perusal of the Rules it appears that the complainant will be entitled to get the amount paid by him after deduction of necessary charges but nowhere in the Railway Rules itself it was mentioned that the amount cannot be refunded. It appears from the records that the ticket were purchased from the booking counter of Howrah Junction of Eastern Railway and it appears from the record that the complainant immediately after the ascertaining of the fact that they can not avail the train, they reported the matter to the person in the booking counter but he did not cooperate with the complainant and thereby it cannot be hold that the complainant did not take any step for demanding the refund of the money from the o.p. Since the o.p. could not avail journey on that date and after deduction of necessary charges Eastern Railway ought to refund the money but the o.p. failed to provide the same for which we hold that there deficiency in service on the part of the o.p. and complainant will be entitled to get the refund of the amount paid by him for the purchase of the tickets and also would be entitled to get compensation and litigation cost.
Hence, it is ordered,
that the case no. 122 of 2017 is allowed to contest with cost against the o.p. The o.p. nos. 1 and 2 are jointly and severally directed to refund the amount of Rs. Rs.3,990/- (Rupees Three Thousand Nine Hundred and Ninety only) as well as compensation of Rs.1,000/- (Rupees One Thousand only) and litigation cost of Rs.500/- (Rupees Five Hundred only) within 30 days from the date of communication of this order, i.d. an interest @ 8% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
