IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, ALAPPUZHA
Tuesday the 31st day of May, 2022
Present
1. Sri.S.SanthoshKumar BSc.,LL.B (President )
2.Smt.P.R.Sholy, B.A., LLB (Member)
In
CC.No.305/2021
between
Complainant:- | Opposite Party:- |
Sri. Habeeb Rehman, Thayil House, Punnapra P.O., Alappuzha-688 004 Ph: 9497526000 (Party in person) | 1. The General Manager, Southern Railway Headquarters, 37J+CVG,NGO Annex George Town, Chennai, Tamil Nadu – 600003. 2. The Divisional Manager, Trivandrum Railway Division FXR4+9PF, Housing Board, Thycaud, Trivandrum -695 014. 3. The SR Divisional Operations Manager, Southern Railway, FXR4+9PF, Housing Board, Thycaud, Trivandrum -695 014. 4. The Station Master, Railway Station, Ambalapuzha. (Ops rep. by Adv.Sri. Premlal) |
O R D E R
SMT. SHOLY.P.R (MEMBER)
Complaint filed u/s 35 of the Consumer Protection Act, 2019
1. Material averments briefly discussed is as follows:-
The complainant had booked the train tickets by online on 22/11/2021 to travel from Alleppey to Trivandrum, to travel via Train no.16341 Guruvayoor- Trivandrum Intercity Express on 23/11/2021. Total amount paid is Rs. 606.14/-.
At the time of boarding the train from Ambalappuzha, the complainant and his wife reached the station and he showed the online ticket to the counter staff and station master and enquired as to whether the tickets were confirmed. Since no satisfactory reply was received, at the time of the train came, they entered the train and reached the A/C compartment, it was seen that all seats were filled. As the ticket examiner was not seen in the compartment, they reached the general compartment and kept standing. When the ticket examiner came the complainant requested to arrange seat showing the online ticket, the examiner informed that the tickets are not acceptable in the train and as such he is bound to consider that the complainant and his wife are travelling without tickets. Accordingly they humiliated in the midst of other passengers and the incident created great mental agony to the complainant and his wife. The said circumstance the ticket examiner informed the complainant to take new ticket and thereby issued new ticket for fare Rs. 210/- in addition to pay Rs. 500/- as fine for the ticketless travel.
On enquiry about the advance booking of online ticket by the complainant who had already paid Rs.606.14/- for travelling the same train and told that he need not considered as a ticketless traveler. Without allowing the complainant to travel in general compartment accepting Rs.210/- as ticket fare illegally collected the excess fare Rs.500/- from the complainant. Since the complainant had already booked ticket but not received the seat due to misfortune, the complainant requested to refund Rs. 500/-. However the examiner informed that it is the rule of Indian railways. It was shocked to the complainant and his wife. Thereafter on 28/12/2021 an amount of Rs.400/- has been credited to the account of the complainant by cancelling the booking tickets and got message from Railways by deducting Rs.130/- as cancellation charges.
According to the complainant, since the benefit of booking the tickets has not been awarded by the railways to the complainant, they are bound to repay the entire charges paid as booking charge as per clause 3 of the Electronic Reservation Slip. Eventhough the complainant has booked tickets, the ticket examiner treated him as ticketless traveler is wrong and illegal and collecting the excess fare of Rs.500/- from a traveler, who had already booked tickets but not received seats due to misfortune is an injustice. The above action of injustice of collecting illegal amounts and the acts of station master gave no satisfactory reply with regard the status of the tickets when inquired by the complainant. are deficiency in service and unfair trade practice on the part of the opposite parties. Hence this complaint.
Version of the opposite party is as follows:-
The complaint is not at all maintainable either by law or on facts. Railway sends sms messages to all passengers who had booked tickets about the status of tickets on preparation of Final Chart with details about time of scheduled departure time of trains from their respective stations.
The waitlisted e-tickets at the time of chart preparation are automatically cancelled by the system, minimum clerkage charge will be deducted and the balance refund amount credited to their bank account through which the tickets are booked. For A/C chair car, the clerkage is Rs.65/- per person, (including Rs.5 GST) so for two persons, the clerkage is Rs. 130/-. As per the railway passengers (cancellation of Ticket and Refund of Fare) Rules 2015, only the minimum clerkage charge has been deducted from Rs.530/- and the balance Rs.400/- has been refunded. In this case, the complainant booked e-ticket through an agent and hence refund amount credited to bank of agent through which tickets are booked.
On preparation of Final Chart of train, a message is sent to the mobile number which was fed in the system while booking tickets. This tickets was booked by an Agent which is evident from the details of ticket shown in the petition. The complainant did not receive the message sent by Railways as he had booked ticket through an agent and the agent would have received the message about the status of ticket. An e-ticket holder whose final status of ticket is waitlisted is not permitted to travel as the refund of his ticket is sent to the Bank Account furnished while booking tickets. The official app for travelers developed by Railways to keep them informed about ticket status using PNR and updated train schedules is “NTES” (National Train Enquiry System). The complainant has not referred NTES to check the timings and running status of his train. This is already submitted by the complainant.
Waitlisted e-ticket holder has to purchase second class tickets and can convert it to any class of accommodation available in the train by paying the difference between second class ticket and the class he wants to travel in. A person holding waitlisted e-ticket will be considered ticketless traveler and will be charged with fare and penalty. The minimum penalty for tickets travel is Rs.250/- per person with effect from 1/7/2004. Railways is not at fault. There has been no deficiency in service on the part of Railways. Hence complaint may be dismissed with cost.
On the above pleadings the points raised for consideration are:-
1. Whether there is any deficiency in service on the part of opposite parties?
2. Whether the complainant is entitled to get an order sought from the complaint?
3. Reliefs and cost?
Evidence in this case consists oral evidence of PW1 and Ext.A1 to A4 on the side of the complainant and oral evidence of RW1 and Ext.B1 on the side of opposite parties.
Point No.1 and 2:-
Admittedly the PW1 had booked tickets for his travel by train through online booking and the said tickets were waitlisted at the time of booking. Complainant’s case is that after availing the tickets in advance payment, when he entered into the train for travelling he was no allowe4d for travelling with those tickets and obtained further charges for tickets for continuing his travel. The PW1 alleged that he availed the tickets by paying its charge in advance and accordingly he was every right to travel by those tickets. Per contra the opposite parties contented that without confirmation of the waitlisted e-tickets before charting the train the passenger cannot be traveled with that ticket. Admittedly Ext.A4 is the disputed e –ticket booked by the complainant on 22/11/2021 for the journey on 23/11/2021. The status of booking and current status recorded as waiting list. Ext.B1 is the ticket status after preparation of chart and the same is recorded as waiting list. As contented by the opposite parties the complainant cannot be travelled with the said ticket since it was not confirmed before preparing the chart. In Ext. A4 it is specifically mentioned the rules regarding the e-tickets and its validity. It is also pertinent to note that during cross examination by the learned counsel appearing for the opposite parties PW1 admitted that in Ext.A4 it was not mentioned bogi, coach number, seat number etc. Moreover, it is also noted that PW1 understood the contents of Ext.A1, another e –ticket he had booked, and it is known to him that not to travel without a confirmed e- ticket.
PW1 is also having knowledge of getting confirmation of wait listed tickets only after cancelling another tickets. It is true that PW1 was having a ticket at the time of boarding but as per rules a person cannot travel with a waitlisted e-ticket without confirmation before charting. Accordingly at the time of scheduled departure of the train PW1 was having no valid ticket, hence we found no deficiency in service on their part.
Complainant further alleged that at the time of cancellation of e-ticket the opposite party obtained more money from the eligible refundable amount of booking charge. However in Ext.A3 it reveals that IRTC conveyance fee, P.G.charges and free collection charge are non refundable. Hence in this count also there is no deficiency in service on the part of opposite parties. In the said circumstances we are of the opinion that the complaint is only to be dismissed .
Point No.3;-
In the result complaint stands dismissed.
Dictated to the Confidential Assistant, transcribed by him corrected by me and pronounced in open Commission on this the 31st day of April, 2022.
Sd/-Smt. Sholy.P.R(Member)
Sd/-Sri.S.Santhosh Kumar(President)
Appendix:-Evidence of the complainant:-
PW1 - Habeeb Rehman (Complainant)
Ext.A1 - G Pay Bill and details
Ext.A2 - Excess Fare Ticket
Ext.A3 - Refund status
Ext.A4 - Petition submitted before CDRC to allow the complaint to submit
Two additional documents.
Evidence of the opposite parties:-
RW1 - Neelima Samuel (Complaint Inspector, Southern Railway)
Ext.B1 - PNR Enquiry Report.
///True Copy ///
To
Complainant/Oppo. party/S.F.
By Order
Assistant Registrar
Typed by:- Br/-
Comp.by:
