BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, JALANDHAR.

Complaint No.525 of 2019

      Date of Instt. 04.11.2019

      Date of Decision: 16.08.2022

Tarsem Kapoor aged about 55 years son of Late Sh. Ram Kishore Kapoor R/o H. No.31, New Grain Market, Jalandhar.

..........Complainant

Versus

1.       The General Manager, Northern Railways Headquarter, Baroda         House, New Delhi 110001.

2.       The Divisional Railway Manager, Northern Railways, Ferozepur.

….….. Opposite Parties

Complaint Under the Consumer Protection Act.

Before:        Dr. Harveen Bhardwaj             (President)

                   Smt. Jyotsna                            (Member)

                   Sh. Jaswant Singh Dhillon       (Member)                                

Present:       Sh. Jatinder Sekhri, Adv. Counsel for the Complainant.

                   Sh. R. K. Bhalla, Adv. Counsel for OPs No.1 and 2.

Order

Dr. HarveenBhardwaj (President)

1.                The instant complaint has been filed by the complainant, wherein it is alleged that the complainant has planned to travel by train from Jalandhar to Rudraprayag to pay his obeisance to attend the “Maha Khumb” and accordingly, booked two tickets in 3 tire sleeper on 23.11.2018 from OP No.2 for the journey of 12.01.2019 from Jalandhar Cantt to Ambala Cantt in Malwa Express and from Ambala Cantt to Rudraprayag. On 12.01.2019, the complainant reached the Jalandhar Cantt Station and took their seats. As the train started for Ambala, the complainant received a message on his phone that the train which was going from Ambala Cantt to Rudraprayag has cancelled. OPs cancelled the train without giving any prior information to the complainant or without any further arrangements to reach the Rudraprayag. Due to the above said cancellation of train, the complainant and his wife has suffered a lot and no accommodation, meals and alternative train for Rudraprayag was provided by OP No.1 to the complainant. Therefore, OPs are adopting the unfair trade practice and there is a deficiency in service on the part of the OPs. The complainant also served a legal notice dated 30.01.2019, but all in vain and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to pay Rs.2,00,000/- as compensation for causing mental tension and harassment to the complainant and Rs.22,000/- as litigation expenses.

2.                Notice of the complaint was given to the OPs, who filed written reply and contested the complaint by taking preliminary objections that the present complaint is not maintainable in the present from hence deserves dismissal. The complainant has not come to this Commission with clean hands and has suppressed the material and important facts from this Commission, as such does not deserve any relief from this Commission. The present complaint is wrong, false and frivolous to the very knowledge of the complainant as such is not sustainable in the eyes of law. The complainant cannot be allowed to take the benefits of his own wrongs. The present complaint is liable to be dismissed on the ground of admissions and laches on the part of the complainant. It is further averred that no cause of action ever arose to the complainant to file the present complaint against the answering OPs as such, the present complaint deserves to be dismissed. The present complaint is bad for non-joinder and mis-joinder of necessary parties. The department of IRCTC is looking after the tickets and catering section of Railways as such IRCTC is the necessary party to the present lie. The railway tickets are being issued on some terms and conditions and one of the conditions of the same is that if the train is cancelled due to any unforeseen reason, then the railway department is liable only to refund the fare collected from the passenger. In the present case also after the train was cancelled due to foggy weather, which reason was beyond the control of the railway department, the railway department cannot be held liable. On merits, the factum with regard to booking of two tickets by the complainant is admitted, but the other allegations as made in the complaint are categorically denied and lastly submitted that the complaint of the complainant is without merits, the same may be dismissed.

3.                Rejoinder not filed by the complainant.

4.                In order to prove their respective versions, both the parties have produced on the file their respective evidence.

5.                We have heard the learned counsel for the respective parties and have also gone through the case file very minutely.

6.                The present complaint has been filed by the complainant for the harassment suffered by the complainant due to cancellation of the train by the OPs without notice and without providing any alternative. This fact is admitted by the OP that the complainant got booked two senior citizen tickets in the name of the complainant and one in the name of female from Ambala to Prayag for 12.01.2019 in train no.14218 Unihahar Express. The complainant has proved on record the tickets Ex.C-4, which was got booked for 12.01.2019. The complainant was to go from Jalandhar to Rudraprayag to pay his obeisance to attend the Maha Kumbh. He got booked two tickets from Jalandhar Cantt to Ambala Cantt on 12.01.2019. The tickets have been proved as Ex.C-5. These tickets were got booked in Train No.12920. As per the contention of the complainant, he was not having any knowledge that the trains have been cancelled, therefore he boarded the train from Jalandhar Cantt to Ambala Cantt on 12.01.2019. Till he boarded the train for Ambala Cantt he did not receive any message regarding the cancellation of the train number 14218. As per Ex.C-4 and Ex.C-5, the tickets were got booked on 23.11.2018 i.e. two months prior to 12.01.2019. The complainant has proved Ex.C-8 to show that the Kumbh Mela in Prayagraj was to be organized from 15.01.2019 to 10.02.2019.

7.                The case of the OP is that the trains were cancelled on 13.12.2018 due to the foggy weather and a separate letter was written and it has been specified that in case there is no fog, the passengers train shall be restored. He has proved the schedule Ex.OP-2 and the letter Ex.OP-1. The counsel for the OP has further submitted that the complainant has not proved that his train was connecting train and he has not suffered any harassment as the OPs are to see the safety of the passengers and considering this fact the trains were cancelled. The notice was sent to the passengers regarding the cancellation of the trains. The complainant has filed false complaint and this is an abuse of process of law.

8.                The complainant got booked the train from Ambala Cantt. The time of departure was 17:30 on 12.01.2019 and arrival was 11:00 on 13.01.2019, whereas the time of departure from Jalandhar Cantt on 12.01.2019 was 12:43 and the time of arrival was 15:35. This shows that the train from Jalandhar Cantt reached at Ambala Cantt at 03:35 PM and the next train no.14218 was to depart at 05:30 pm, meaning thereby that there was a gap of only two hours. This shows that the train boarded by the complainant from Jalandhar Cantt was a connecting train. As per the contention of the complainant, he received a message in the train regarding the cancellation of the train. Perusal of the message shows that on 17 January 2019 at 08:12 PM, the complainant/T. Kapoor received a message that the train No.14218 has been cancelled due to unavoidable circumstances. Inconvenience caused to passengers is deeply regretted. This message was received on 17, January, whereas the train was to be boarded on 12.01.2019. Even if it is assumed that the complainant received message in the train, when he was going to Ambala Cantt on 12.01.2019, the complainant suffered harassment as he did not receive message in time. Thus, this is deficiency in service.

9.                Perusal of Ex.OP-1 shows that the letter was written by Sr. Divl. Opns. Manager, Northern Railway on 12.12.2018 to All Branch Officers, DRM & ADRM and Ors. regarding the cancellation of the trains as per schedule pertaining to Ambala Division. It has been mentioned in this letter that the addressee was advised to give wide publicity through station notice board, print media and public address system regarding cancellation of trains for the information of the general public. The OP has not led any evidence documentary or otherwise to show that any publicity was made in notice board, print media or by adopting public address system regarding the cancellation of trains for information of the general public. It is the duty of the OP to convey the messages to the passengers right in time, so that the passenger may not suffer any harassment. The complainant got booked tickets in the month of November, 2018. The letter Ex.OP-1 was issued on 12.12.2018 and the complainant was to catch/board the train on 12.01.2019. There was sufficient time to send notice to the complainant regarding the cancellation of the trains due to foggy weather and in case, there is no fog regarding the restoration of the train, which was cancelled, but no such efforts was ever made by the OP. The complainant is a senior citizen aged 62 years as per the tickets Ex.C-4 and Ex.C-5. Another female passenger is also senior citizen of age of 60 years and they had to suffer due to the fault of the OP. They had to go to the Jalandhar Cantt station and they boarded the train for Ambala Cantt and there they came to know that the train has been cancelled. This is clear cut deficiency in service. This is harassment to the senior citizens for no fault of theirs. They got booked the train to make their journey comfortable, but they had to suffer as they did not have any meals or any alternative for Rudraprayag. Their purpose of going to the Rudraprayag to attend Kumbh Mela and to pay obscience failed because of the negligence and unfair trade practice and deficiency in service of the OPs. As per submission of the OP, the refund has already been given to the complainant and the complainant has also admitted that he has got the refund of the tickets got booked, but he was not compensated for the harassment. Therefore, he is entitled to compensation.

10.               In view of the above detailed discussion, the complaint of the complainant is partly allowed and the OPs are directed to pay a compensation including litigation expenses of Rs.25,000/- to the complainant for causing mental tension and harassment. The compliance of the order be made within 45 days from receipt of copy of this order. This complaint could not be decided within stipulated time frame due to rush of work.

11.              Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.

Dated          Jaswant Singh Dhillon    Jyotsna               Dr. Harveen Bhardwaj     

16.08.2022         Member                          Member           President