BEFORE THE A.P.STATE CONSUMER DISPUTES REDRESSAL COMMISSION: AT HYDERABAD.

F.A.No. 1765  OF 2007 AGAINST C.C.NO.486 OF 2007 DISTRICT CONSUMER FORUM –II, HYDERABAD

Between

Mr. Maneklal Agarwal S/o late Sri G.R.Agarwal
Aged about 71 years, Occ: Business O/o Rama Towers
5-4-83, 2nd Floor, TSK Chambers, M.G.Road,
Secunderabad-003(AP)

                                                                                        Appellant/complainant

        A N D

1.     The Genreal Manager, South Central Railway
        Rail Nilayam, Secunderabad

2.     The Chief Commercial Manager,
        Refunds, South Central Railway, Rail Nilayam
        Secunderabad

3.     The Chief Commercial Manager, Head Quarters
        Northern Railway, New Delhi

                                                                                Respondents/opposite parties

Counsel for the Appellant                      Sri G.Venkatswamy Goud

Counsel for the Respondents                 Sri J.J.Sastry

QUORUM:                 SRI SYED ABDULLAH, HON’BLE MEMBER

&

                            SRI R.LAKSHMINARSIMHA RAO, HON’BLE MEMBER

                                TUESDAY THE EIGTH DAY OF JUNE               

                                            TWO THOUSAND TEN

Oral Order ( As per R.Lakshminarsimha Rao, Member)
                                        ***

        The complainant is the appellant.  He filed the complaint seeking direction to the opposite parties to refund the fare of train tickets amount of Rs.2,700/- with interest @ 24% per annum and Rs.5,000/- towards incidental charges.

        The complainant purchased eight tickets on 16.1.2007 from the opposite parties no.1 and 2 for his family members to travel in sleeper class from Alahabad Junction to New Delhi.  The ticket nos. are 11508809,  and 11508810.  The reservation on the said tickets was said to have been confirmed.  The tickets were said to have been lost and the loss of the tickets was stated to have been reported to the station master at Allahabad Junction who suggested the complainant to contact the TTE on duty in the train.  The complainant along with his family members boarded the train no.2417 at Allahabad Junction on 30.1.2007 and informed the TTE who had charged him an excess fare of Rs.2,574/- in lieu of the amount mentioned in the ticket nos.182622, 182623 and 182624.  The names of the passengers and other details are said to have been mentioned in the chart.  The concession for three senior citizens  said to have been not allowed.  The complainant claimed for refund of the excess fare plus Rs.126/-, a total amount of Rs.2,700/- by his letter dated 5.2.2007 and 27.2.2007.  The opposite parties gave reply on 26.2.2007 requesting the complainant to send the original tickets for the purpose of verification and arranging for refund of amount, if any.  The complainant had sent photo copy of the tickets.  The opposite parties denied to refund the amount.  The complainant got issued legal notice through his advocate which was served on 12.4.2007 on the opposite parties claiming a total amount of Rs.88,700/- of which Rs.80,000/- towards compensation for mental agony and harassment.

        The opposite parties resisted the claim contending that the charging of Rs.2,574/- by the TTE on duty at Allahabad was in accordance with law as the complainant was found on board the train no.2417 on 30.1.2007 at Alahabad Junction without ticket.  The complainant was aware that he lost the tickets before boarding the train and in such eventuality the complainant had to follow the procedure prescribed by the law for obtaining a duplicate ticket.  No refund is permissible on lost tickets.  The person will be allowed to travel on the reservation made, after paying the prescribed charges for issue of duplicate ticket.  Charges for the issue of the duplicate ticket before the preparation of reservation chart are 50% of total fare in case of loss confirmed/RAC tickets, 25% of the total fare in case of mutilated reserved/RAC tickets.  No duplicate tickets will be issued in the case of persons who are in the waiting list or those in the category of waiting list relating to cost or mutilated tickets.     If lost/misplaced tickets are traced and presented along with the duplicate ticket before departure of the train, refund of amount paid for the duplicate ticket is made subject to deduction of 5% of the total amount.  These rules are published in time table.  The complainant had not furnished the details  of the time of loss of ticket, claim stated to have been lodged with the railway authorities and the names of the officials whom he has said to have contacted.  The complainant was careless enough in not obtaining a duplicate ticket  before getting into the train.  The opposite parties requested the complainant to submit original tickets/excess fare ticket was only for verification and arrangement for refund of the amount if any, in accordance with the rules.  The complainant had taken more care to preserve the Photostat copies of the tickets than the original ticket.  The letter dated 22.2.2007 cited by the complainant was not issued by the opposite parties no.1 and 2.  Hence prayed to dismiss the complaint.

        The complainant has filed his affidavit and the documents Exs.A1 to A20. 

        The Senior Commercial officer of the opposite partyno.2 Satyam Bau filed his affidavit in support of the case of the opposite parties.  Exs.B1 to B4 are marked on behalf of the opposite parties. 

        The complainant has filed his written arguments.

        The District Forum has   dismissed the complaint opining that the Railway Claims Tribunal is the proper forum for settling the dispute.

        The points for consideration are:

1)           Whether the complainant is entitled for the refund of the fare?

2)           Whether there was any deficiency of service on the part of the opposite parties?

3)           To what relief?

POINTS NO.1 AND 2    The parties are not at dispute in regard to the purchase of eight tickets by the complainant  for an amount of Rs.2,710/- for the purpose of travel to be made by the family members of the complainant in sleeper class from Allahabad to New Delhi on 30.1.2007 in Train No.2417 Prayag Raj Express.  The complainant has stated that he had lost the tickets and informed the same to the Station Master on duty at Allahabad Junction who according to the complainant referred him to contact the TTE on duty in the train.  The TTE charged Rs.2,574/- in lieu of the amount of the lost tickets nos.  182622, 182623 and 182624.  The opposite parties had not disputed the loss of the tickets as claimed by the complainant nor was it in dispute that the TTE has charged the complainant a sum of Rs.2,574/- in lieu of the amount mentioned in the lost tickets. 

It is the contention of the learned counsel of the opposite party that immediately after finding that he lost the ticket, the person who purchased the ticket had to obtain a duplicate ticket and travel on that ticket in the train as per the schedule.   There is no dispute of the fact that the rules are binding on the complainant in regard to the procedure to be adopted once he found that he had lost the tickets.  The complainant has not obtained the duplicate ticket.  The complainant has not submitted the original tickets when he claimed for the refund of the amount from the opposite parties.  The complainant has addressed letters dated 5.2.2007 for which the opposite party no.2 had given a reply on 12.2.2007 requesting the complainant to produce the original tickets for the purpose of verification and arranging for refund of amount if any in accordance with the law. 

The opposite parties had stated in their counter that the persons will be allowed to travel on the reservation made in case they lost their ticket, after paying the prescribed charges for issue of duplicate tickets.  The loss of the tickets has to be reported with the reservation office immediately.  According to the opposite parties the charges for issuing the duplicate tickets vary in different circumstances.  It is stated that “ charges for issue of duplicate tickets after preparation of reservation chart will be as under:

1.        50% of total fare in case of loss confirmed by RAC tickets.

2.        No duplicate tickets will be issued in case of waiting list tickets

3.        25% of total fare in case of mutilated reserved/RAC tickets

4.        No duplicate ticket will be issued in case of lost/mutilated wait listed tickets.

If lost/misplaced tickets are traced and presented along with the duplicate ticket before the departure of the train he/she will be entitled to a refund of the amount paid for his/her duplicate ticket.  However, 5% of the total amount will be deducted, subject to a minimum of Rs.20/- (emphasis supplied).

The complainant, admittedly, has not submitted the original tickets inspite of request therefor, made by the opposite party no.1.  It appears that the complainant has, as contended by the opposite parties, not furnished the details as to the exact time of loss of the tickets and the time he said to have contacted the opposite parties.  The names of the officials whom the complainant claimed to have contacted in this regard have not been stated by the complainant.  All these circumstances, indicates that the complainant has not followed the procedure to be adopted nor the complainant did obtain duplicate tickets. 

The opposite parties contended that the TTE on train had charged the amount of Rs.2,574/- to the complainant for traveling without tickets in the train on 30.1.2007 from Allahabad Junction to New Delhi.  The complainant has failed to prove that he could travel without ticket and claim the refund of the tickets even by not submitting the tickets which are stated to have been lost.  The procedure prescribed for obtaining the duplicate ticket could have been followed by the complainant the moment he came to know that he had lost ticket nos. 182622, 182623 and 182624.  The complainant instead of following the procedure for obtaining the duplicate ticket and claim refund by submitting the original tickets got issued legal notice dated 12.4.2007 through his advocate claiming the refund of the amount basing on the contents of reply dated 12.2.2007 from the opposite parties seeking for production of original tickets/excess fare tickets for verification and arranging for refund if any in accordance with law. 

The complainant instead of submitting original tickets had submitted photo copy of tickets and has not come up with any explanation as to the time and date of loss of the tickets and the name of the officers whom he had contacted before entering into the train to travel without any ticket.  What all the opposite parties promised the complainant for refund of the amount was subject to the procedure prescribed therefor.  The complainant cannot complain against the opposite parties that they are negligent as the complainant was proved to be negligent by not obtaining the duplicate ticket before getting into the train on 30.1.2007 to travel from Allahabad to New Delhi.  The complainant has also not submitted the original tickets nor the excess fare tickets to the opposite parties. 

The opposite parties cannot be blamed for the lapse on the part of the complainant at each stage commencing from his entering into the train without obtaining the duplicate tickets and culminating in claiming the refund of the amount without submitting the original tickets or proving the loss of the tickets in question.  The District Forum referred the complainant to approach the Railway Claims Tribunal without assigning any reasons.  We have come to the conclusion that the complainant has not proved negligence or deficiency in service on the part of the opposite parties.  Hence, the appeal is devoid of any merits and liable to be dismissed.

In the result the appeal is dismissed.  There shall be no order as to costs.

                                                                                                     Sd/-

                                                                                                MEMBER

                                                                                                     Sd/-

                                                                                                MEMBER

                                                                                          Dt.08.06.2010

KMK*