FINAL ORDER / JUDGMENT
SMT. SUKLA SENGUPTA, PRESIDENT
The complainant has filed this petition of complaint U/s 35 of the CP Act 2019 against the OP.
The fact of the case in brief is that the complainant has purchased and booked ticket from the OP Railway Company in 3AC coach for himself and his three family members including his wife, senior citizen mother and aunt from Howrah railway station to Nagpur Railway station on 14.02.2022 from Dhakuria railway station in train No. 12860 Howrah CSMT Super fast express for railway journey on 22.05.2022 on payment of Rs.5,820/- only having birth number 4951 and 52 in coach B-4.
The photocopy of counter ticket is marked as annexure “A”.
It is further stated by the complainant that prior to departure of the said train on 21.05.2022 in the evening around 5.00 pm, the complainant received the message from railway authority that the said train have been diverted thereafter the complainant searched the train details through one IXIGO Apps in mobile phone by Putting the PNR No. 6763941497 Which shows that the said train has been cancelled from Howrah Railway Station on 22.05.2022 and the said train which starts from Rourkela Station at 20.20 hrs. Thereafter, the complainant searched other train to go from Howrah Railway station to Rourkela on 22.05.2022.
The photocopy of mobile screen shorts are annexed as annexure “B” collectively. |Thereafter, the complainant having no other alternative the complainant compelled to book flight ticket from Kolkata Airport to Nagpur Airport via Delhi in Indigo Airlines on spent of Rs.34,488/- only. Accordingly the complainant along with his family members boarded flight for Nagpur from Kolkata Airport dated 22.05.2022. The photocopy of flight ticket and boarding pass are annexed as annexure “C” collectively.
Invoice bill and the medical papers of his aunt are annexed as annexure “D” and “E” respectively. Thereafter in the morning on 22.05.2022, the complainant again received message from railway authority i.e. his train ticket of 3AC had been reduced to 3AC economy being seat No. 25, 28, 26 and 27 at coach No. L2 showing that the train yet to start from Howrah Railway Station but fact remains that the said train was already cancelled from Railway Station. The photocopy of said message are annexed as annexure “F”.
It is alleged by the complainant that the Railway Authority has arbitrarily cancelled Howrah to Rourkela, Howrah CMST Superfast Express train No. 12880 and that was intimated to the complainant for which the complainant compelled to travel by air i.e. Nagpur flight paying huge amount of money which caused mental pain and agony and financial loss to the complainant thereafter on 27.05.2022. The complainant returned Kolkata and sent notice on 05.06.2022 with the OP railway authority through speed post demanding Rs.40,308/- only for the train ticket along with flight fair of Rs. 34,488/- because it was negligence and deficiency in service of the OP but the OP did not reply even on receipt the said notice. Hence, the case is filed by the complainant with a prayer to give direction to the OP railway authority to refund of Rs. 40,308/- to the complainant for train ticket and also Rs. 34,488/- for flight ticket.
The complainant further prayed for giving direction to the OP to pay compensation of Rs. 30,000/- for harassment mental pain and agony along with Rs. 10,000/- litigation cost.
The General Manager of South Eastern Head Quarter being the OP of this case has contested the case by filing a WV denying all the material allegation leveled against him.
Admittedly, the complainant has booked four railway tickets for himself, his wife, his mother and aunty on 14.02.2022 for the journey by train no. 12860, Howrah-CSMT super fast express on 22.05.2022 in three AC class coach EX: Howrah to Nagpur, PNR No. 676-3941497 by paying Rs. 5,820/- in cash.
It is further stated by the OP South Eastern Railway that the OP made wide publicity through different medias for cancellation short termination, short originate, diversion, rescheduled, controlling of several Mail, Express and EMU for commissioning for electronic non-interlocking work in connection with Kharagpur-Hijli 3rd line in Kharagpur division for two days on 21.05.2022 and 22.05.2022, well before the aforesaid days for the convenience of the travelling passengers for that work be train No. 12860, Howrah- CSMT SF express had been diverted.
The OP further stated that in its WV the complainant received the message in the evening of 21.05.2022 around 5.00 PM that the train No. 12860 Howrah CSMT super fast express has been diverted through IXIGO App the complainant found that the said train has cancelled at Howrah station on 22.05.2022 along with other train from Howrah Railway Station to Rourkela. Thereafter, he purchased four air tickets to go to Nagpur from Kolkata by indigo flight No. 6E-2746(A-321) on 21.05.2022 at 16.26 hrs for their journey on 22.05.2022 without cancelling their train ticket well before the message received by him in the evening of 21.05.2022 at around 5.00 PM.
As a result, on 22.05.2022, the complainant got a message that his 3AC class above mentioned on railway tickets had been changed to 3AC economy class in coach No. M-2 having birth No. 25-28 showing also the departure time at 14.05 hrs from platform No. 21 of Howrah railway station in spite of the same the complainant availed the flight on 22.05.2022 at night 23.45 hrs without cancelling the railway ticket in question. Thereafter when he returned from Nagpur, he sent a demand notice dated 22.07.2022 of Rs.40,308/- to the OP for refunding of the value of flight fair of Rs. 34,488/- and Rs. 5,820/- for train fair without any supporting documents.
The OP respond his letter dated 07.06.2022 and requested to the complainant to furnish the document in original/Xerox within fortnight with receipt of letter to take proper action otherwise his claim was treated as closed and being repudiated but the complainant did not give any reply to the OP.
The OP stated that the complainant has no cause of action to file this case rather the OP annexed the notification, published newspaper collectively and there was no deficiency in service or unfair trade practice on the part of the OP for which the OP is liable to pay compensation to the complainant and question of refund of amount of Rs.40,308/- and Rs.34,488/- does not arise at all. The case is baseless and liable to be dismissed.
In view of the facts and circumstances as stated above, let it be decided
1. Whether the case is maintainable or not?
2. Have the complainants any cause of action to file this case?
3. Is the complainant consumer?
4. Is there any deficiency in service on the part of the OP?
5. Is the complainant entitled to get the relief as prayed for?
Decision with reasons
All the points of considerations are taken up together for convenience of discussions and to avoid unnecessary repetition.
It is the case of the complainant that he purchased four railway tickets from the OP South Eastern Railway in 3AC coach for himself and his 3 family members including his wife , senior citizen mother and aunty from Howrah railway station to Nagpur railway station on 14.02.2022 from Dhakuria railway station counter ticket reservation system being train No. 12860 Howrah CSMT Super fast express for railway journey on 22.05.2022 on payment of total ticket amount of Rs.5,820/- and confirmed birth number were 495051 and 52 in coach No. B4.
The complainant further alleged that on 19.05.2022 he received one message from the South Eastern Railway that the said train has diverted. Thereafter he searched train details through IXIGO Apps in mobile phone by putting PNR No. 6763941497 which shown that the train has cancelled from Howrah railway station on 22.05.2022 which scheduled to be start at 14-05 Hrs. and the said train has changed its source station from Howrah railway station to Rourkela Railway Station and thereafter, he found that the other trains from Howrah to Rourkela have also been cancelled for 22.05.2022. Without having any other alterative, he booked air ticket from Kolkata airport to Nagpur via Delhi by Indigo Airlines spending a sum of Rs. 34,478/- and boarded for Nagpur from Kolkata airport dated 22.05.2022.
In this context, the Ld. Advocate for the OP General Manager, South Eastern Railway has argued that due to infrastructure work in connection with 3rd line between Kharagpur-Hijli, 12860 Howrah CSMT Gitanjali Express was diverted via Asansol–Chandil–Sini–Chakradharpur instead of Kharagpur Tatanagar on 22.05.2022. Accordingly, notification was issued vide memorandum No. OPT66/NI work-KGP/2, dated 11.05.2022 which was done by South Eastern Railway as par as Indian Railways Act, 1999 chapter IV wherein it is stated that do all necessary work for making, maintaining altering or repairing the railways which is already stated in his evidence and wherefrom it is evident that as per requirements Indian railways can undertake provisions in commission of such type of work and afore stated works where undertaken accordingly on 21.05.2022 and 22.05.2022.
The public relation department of South Eastern Railway has published this notification on 13.05.2022 to all print and electronic media, beside uploaded the same in the website of South Eastern Railway on the same day. The said press release was published in the different newspaper in different language i.e. on 14.05.2022, 15.05.2022, 19.05.2022, 21.05.2022 and 21.05.2022 in different places. Moreover the train No. 12860 Howrah CSMT Gitanjali was started from Howrah Railway Station at 14.05 Hrs from platform No. 21 and reached the destination of the complainant i.e. Nagpur as well as ultimate destination of railway station. Ld. Advocate for the OPs also argued that the complainant has suppressed the material fact in his petition of complaint as well as evidence that the train No. 1860 Howrah CSMT Gitanjali express in question was cancelled but fact remains that it was not cancelled but diverted via Asansol, Chandil, Sini, Chakrdharpur instead of Kharagpur on 22.05.2022 for undertaken urgent essential work for system improvement. The Gitanjali express train in question have started from platform form No. 21 Howrah Railway Station at 14.05 Hrs on 22.05.2022 diverted rout to reach its ultimate destination ie Nagpur but from evidence on record, it is revealed that the complainant did not cancel the railway ticket for himself and his family members even after getting the message or did not place the claim of refund of the fair value permissible as per railway refundable rules and at his own choice he purchased the air ticket from Kolkata airport to Nagpur. it is well known to all that for improvement of railway service for the public and for the repairing caused the railway authority can cancel the train or diverted the rout of any line which the OP has done in this cases but at the same time, it is the duty of Indian Railway Authority or the OP to inform about the same through notification well ahead.
In this instant case from the evidence on record as adduced by the parties to this case, it is established that the complainant has got information about the diversion of the rout of Gitanjali Express being train No. 12860. The departure date and time was 22.05.2022 at 14.00 hrs. to be left from Howrah railway station and the rout of the said train was diverted for commissioning of infrastructure work (electronic interlocking/non–interlocking work) in connection with 3rd line between Kharagpur-Hijli for two days i.e. 21.05.2022 and 22.05.20221.
Though the complainant alleged that from the railway website he found the train was cancelled but from evidence and record, it is found that the train No 12860 in question was departed on 22.05.2022 from platform No. 21 of Howrah Railway at 14.00 hrs in diverted route which reached and ultimately reached at CSMT as well as destination railway station at Nagpur. But the complainant though alleged that he was forced to book the air ticket for himself and his family members but he purchased the air tickets at his own choice because the train in question departed from platform no. 21 on 22.05.2022 form Howrah railway station at 14.00 hrs reached the Nagpur railway station i.e. destination station of the complainant via diverted route. The complainant did not cancel the railway ticket in question and did not claim before the railway authority for refund of the railway fair but he purchased the air ticket and boarded from Kolkata airport to Nagpur at his own choice, for which the OP cannot be responsible.
It is also established that the complainant has got the notification prior to depart the train in question i.e. Gitanjali express i.e. 12860 from the OP. It was duty of the railway authority to inform all passengers about the diverted route of Gitanjali express in question well ahead for the information and necessary action.
From the evidence on record, it is found that the railway authority / OP has done its duty and published the notification about the commissioning work in connection in 3rd line between kharagpur-Hijli and diverted the route via Asansol-Chandil-Sini-Chakradharpur instead of Kharagpur and ultimate destination of CSMT railway station after reaching the complainant’s destination i.e. Nagpur railway station.
So, considering all this things and on the basis of discussion made above, it is held by this commission that undoubtedly, the complainant is a consumer and the OP is a service provider but the complainant failed to prove that there was any sort of deficiency in service or negligency on the part of the OP. So, he is not entitled to get any relief in this case as prayed for.
All the points of consideration are thus considered and disposed of accordingly.
The case is properly stamped.
Hence,
Ordered
that the case be and the same is dismissed on contest against the OP without any cost.
Copy of the judgment be uploaded forthwith on the website of the Commission for perusal.
