Date of Disposal: 02.11.2023

PER:     SMT. SARITRI PATTANAIK, MEMBER (W)

The fact of the case is that the complainant has filed this consumer complaint Under Section 35 of the Consumer Protection Act, 2019, alleging deficiency in service against the Opposite Parties  (in short the O.Ps.) and for redressal of his grievance before this Commission. 

2. The fact of the case as averred by the complainant is that he booked two Railway Tickets from the O.P.No.4 for appearing the District Judge Examination on 04.03.2020 one from Berhampur to Bilaspur bearing PNR No.634101290 with Train No. 18507 and the cost of the price of ticket is Rs.770/- and another ticket booked on the same day from Bilaspur to Berhampur Bearing PNR No.6441018449 with train No. 18517 and cost of the train ticket is Rs.830/- and total cost of the both the ticket is Rs.1600/-. Due to COVID-19 pandemic situation, which was infected whole of India including the state of Odisha and the situation of the Ganjam District is miserable and uncontrolled even after severe more steps taken by the District Administration and no public shall allow to go outside, except medical and urgent matter.  Under the above situation, the High Court of the Chhatisgarh postponed the District Judge Examination which was earlier declare by the Chhatisgarh High Court and the complainant and one of his friend unable to attend the examination due to postpone of the examination and guideline of the Central Government  and Railway Department also cancelled all the passenger trains through notification.  During that pandemic situation no local authority had allowed any individual to move outside except urgent mater and under the above circumstances the complainant also unable to move outside and not cancelled the railway ticket. The Railway Authority made notification for extension of cancellation of Railway ticket and no clearly notice communication made to neither complainant nor other passengers about the cancellation date as well as extension of cancellation date. When the pandemic situation normalize, the complainant go to the counter of the O.P.No.4 for cancel the railway ticket which was booked earlier, but the O.P.No.4 misbehaved and use filthy language to the complainant in front of the public and denied to cancel the ticket. The cause of action arose when the O.P.No.4 denied for cancellation of ticket on 05.10.2020 and came within the jurisdiction of the court and O.P.No.4 residing and doing their business before the jurisdiction of the Forum. Alleging deficiency in service on the part of the O.Ps the complainant prayed to direct the O.Ps to cancel the ticket and refund the ticket amount of Rs.1600/-, compensation of Rs.50,000/- in the best interest of justice.

3. The O.Ps filed written version/written argument through their advocate. It is stated that the petition of the complainant is not maintainable taking into factual aspects. The allegations and averments made in the petition is false, fabricated and concocted one. The Consumer Forum is to see committal of deficiency of service in view of taking payment. In this case there is no proof of deficiency of service by any of the O.Ps towards the complainant. The above case is not maintainable for non compliance of mandatory provisions of law which speaks “In case of a public officer delivered to him or left in this office stating the cause of action, in the name and place of residence of the plaintiff and the reliefs which he claims and the plaint shall contain the statement that such notice has been so delivered or left”. The complainant booked two PRS counter tickets on dt.04.03.2020 from reservation counter at Berhampur for his journey from Berhampur to Bilashpur and from Bilashpur to Berhampur for journey on dated 28.03.2020 and on 29.03.2020 respectively. The cost of the tickets in total is Rs.1600/-. It is important to note here that the said trains cancelled due to pandemic situation which was contaminated throughout India. The cancellations of the tickets are for the betterment of the passengers.  The Railway Board issued letter in F.N.O.T.C-11/2003/2020 Refund dated 13.05.2020 wherein the comprehensive guidelines for cancellation of tickets and refund of fares having relaxation has been given for submission of PRS counter tickets, and time period was given 6 months from the date of January. As per the guidelines of the Railway Board, the complainant had to cancel his PRS counter tickets on or before 28.09.2020 or 29.09.2020 but the complainant knowingly ignored for the submission of tickets and makes the allegation that he could not get the refund by cancelling the ticket for Rs.1600/- at Berhampur Railway Station on dated 05.10.2020. For everything there is a limitation and the date 05.10.2020 is a date beyond the period of limitation for which the O.Ps are not responsible for anything. The Railway Board has taken such measures during the Pandemic that its works are trustworthy and praiseworthy. The train for which the complainant booked his tickets for his journey was cancelled and the said fact was communicated to the complainant in due course of time. The cancellation of the tickets and refund of the fares and it has been extended the time limit beyond six months and up to 9 months which shows the generosity of the Railways to said with the consumers. Instead of making cancellation of the tickets within the time period, the complainant falsely made some fictitious allegations against the Railways Authority particularly the O.P.No.1 to 4. The allegations of the complainant alleging that the O.P.No.4 misbehaved and used filthy language to him are also not true. The complainant had not taken any steps for cancellation of his tickets and the allegations made by him are after thoughts. The O.P.No.4 had never denied for any cancellation of the alleged tickets. In his service period, the O.P.No.4 has never crossed such allegation. This is the first times he is facing such scandalous allegation. The complainant has not come in a clean hand and has suppressed and concealed the material important facts and for that also the complainant is not entitled to any reliefs. The complainant has come before this Commission with a malafied intension by giving some false, frivolous and erroneous submission and guilty of suppression and falsie suggestion as the complainant has deliberately and intentionally canceled all the material facts in order to avoid his own negligence. The complaint filed by the complainant is not maintained otherwise it is liable to be dismissed under section 26 of the Consumer Protection Act, 1986 with exemplary cost in the interest of justice.

4. On the date of hearing advocate for both parties are present. We heard argument from both sides at length.  We perused the complaint petition, written version, written argument, documents available in the case record. The cost of the tickets in total is Rs.1600/-. It is important to note here that the said trains cancelled due to COVID-19 pandemic situation which was contaminated throughout India. The cancellations of the tickets are for the betterment of the passengers.  The Railway Board issued letter in F.N.O.T.C-11/2003/2020 Refund dated 13.05.2020 wherein the comprehensive guidelines for cancellation of tickets and refund of fares having relaxation has been given for submission of PRS counter tickets, and time period was given 6 months from the date of journey. As per the guidelines of the Railway Board, the complainant had to cancel his PRS counter tickets on or before 28.09.2020 or 29.09.2020 but the complainant approached the ops beyond stipulated date as per notification. The ops have informed about the cancellation of train to the complainant in due course of time. In the interest of the passengers, the cancellation of the tickets and refund of the fares and the opposite parties have been extended the time limit beyond six months and it was up to 9 months which shows the generosity of the Railways to said with the consumers. Hence we do not find any merit in the case. In the result we dismissed the case. No costs. This case is disposed of accordingly.

The Judgment be uploaded on the www.confonet.nic.in for the perusal of the parties.

A certified copy of this Judgment be provided to all the parties free of cost as mandated by the Consumer Protection Act, 2019 or they may download same from the www.confonet.nic.in to treat the same as if copy of the order received from this Commission.

The file is to be consigned to the record room along with a copy of this Judgment.

Pronounced on 02.11.2023.