Date of Filing : 19/09/2016
Order No. 17 dt. 20/02/2018
The case of the complainant in brief is that the complainant purchased a railway ticket from o.ps. for travelling from Howrah to Yashwantpur on 30.10.15 and paid an amount of Rs.1740/-. The said ticket was not confirmed for which the complainant had to postpone the journey. The o.ps. cancelled the said ticket and provided a challan along with a cheque for refund of Rs.1565/- to the complainant. The complainant deposited the said cheque with Corporation Bank, Brabourne Road Branch on 29.3.16. The said cheque was returned unpaid by the bankers of o.ps. and the said intimation wa received by the complainant through the said bank. The complainant thereafter informed the o.ps. for the fate of the said cheque, but no action was taken for which the complainant filed this case praying for direction upon the o.ps. for refund of the amount as well as compensation and litigation cost.
The o.ps. contested this case by filing w/v and denied all the material allegations of the complaint. It was stated that the said cheque bearing no.916969 dt.10.2.16 for Rs.1565/- drawn by SBI / GR Kolkata issued on behalf of Govt. of India and the authorized signatory signed the said cheque on behalf of Hon’ble President of India and there was sufficient amount lying in the account of o.ps. in SBI and hence, the question does not arise for dishonour of the said cheque since the said Corporation Bank has not given valid reason for dishonour of the said cheque there is no deficiency in service on the part of o.ps. It was further stated that o.ps. received the letter sent by the complainant but without the original cheque, for which o.ps. could not take any step for return of the amount. Since there was no deficiency in service on the part of o.ps. the case is to be dismissed.
On the basis of the pleadings of parties the following points are to be decided:
- Whether the complainant purchased the ticket from o.ps.?
- Whether the cheque was issued by o.ps. for refunding the amount?
- Whether the cheque became dishonoured?
- Whether there was any deficiency in service on the part of o.ps.?
- Whether the complainant will be entitled to get the 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 argued that the complainant purchased a railway ticket from o.ps. for travelling from Howrah to Yashwantpur on 30.10.15 and paid an amount of Rs.1740/-. The said ticket was not confirmed for which the complainant had to postpone the journey. The o.ps. cancelled the said ticket and provided a challan along with a cheque for refund of Rs.1565/- to the complainant. The complainant deposited the said cheque with Corporation Bank, Brabourne Road Branch on 29.3.16. The said cheque was returned unpaid by the bankers of o.ps. and the said intimation was received by the complainant through the said bank. The complainant thereafter informed the o.ps. for the fate of the said cheque, but no action was taken for which the complainant filed this case praying for direction upon the o.ps. for refund of the amount as well as other reliefs.
Ld. lawyer for the o.ps. argued that the said cheque bearing no.916969 dt.10.2.16 for Rs.1565/- drawn by SBI / GR Kolkata issued on behalf of Govt. of India and the authorized signatory signed the said cheque on behalf of Hon’ble President of India and there was sufficient amount lying in the account of o.ps. in SBI and hence, the question does not arise for dishonour of the said cheque since the said Corporation Bank has not given valid reason for dishonour of the said cheque there is no deficiency in service on the part of o.ps. It was further stated that o.ps. received the letter sent by the complainant but without the original cheque, for which o.ps. could not take any step for return of the amount. Since there was no deficiency in service on the part of o.ps. the case is to be dismissed.
Considering the submissions of the respective parties it is admitted fact that the complainant for the purpose of visiting Yashwantpur purchased the ticket, but the said ticket was not a confirmed ticket, thereby the complainant could not proceed with the said journey. The complainant while found that the ticket was not confirmed he got the endorsements from o.ps. for cancellation of the ticket. The complainant in order to get back the amount paid by him took the steps for getting back the said amount. It is found from the materials on record that o.ps. issued a cheque, but the cheque was not honoured for which the complainant could not get the amount. Since the complainant informed the said fact to o.ps. but no action was taken and it is undisputed fact that the complainant will be entitled to get the refund of the amount of Rs.1565/- from o.ps. On the basis of the said fact we hold that there was deficiency in service on the part of o.ps. and accordingly, the complainant will be entitled to get the amount prayed by him for purchasing the ticket after necessary deduction as well as compensation. Thus all the points are disposed of accordingly.
Hence, ordered,
that the CC No.431/2016 is allowed on contest with cost against the o.ps. The o.ps. are jointly and/or severally directed to refund the amount of Rs.1565/- (Rupees one thousand five hundred sixty five) only to the complainant along with compensation of Rs.1000/- (Rupees one thousand) only for harassment and mental agony 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.
