IN THE COURT OF THE LD. DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT S I L I G U R I.

CONSUMER CASE NO. : 13/S/2014.                           DATED :30.03.2016.            

BEFORE  PRESIDENT              : SRI BISWANATH DE,

                                                              President, D.C.D.R.F., Siliguri.

                      MEMBERS              : SMT. PPRATITI BHATTACHARYYA &                     

                                                              SRI PABITRA MAJUMDAR.

COMPLAINANT                 : SRI KUMAR GOUTAM,

  S/O Sri Suboth Kumar Srivastava,

  Available at State Bank Of India,

  SMECCC, Sky Star Building,

  Sevoke Road,  Siliguri,

  Dist.- Darjeeling.

O.Ps.           1.                  : THE OFFICER–IN-CHARGE,

  Indian Railway Catering & Tourism Corporation                        

  Ltd. (IRCTC),

  9^th Floor, Bank of Baroda Building,

                                                              16, Parliament Street, New Delhi-110001.

2.                   : The General Manager,

  N. F. Railway, Maligaon,

  Guwahati (Assam), Pin Code-781 011.

3.                   : The General Manager,

  Northern Railway Head Quarter,

  Baroda House, New Delhi-110001.

FOR THE COMPLAINANT         : Sri Suprio Ghosh, Advocate.

J U D G E M E N T

Sri Biswanath De, Ld. President.

The complainant’s case in brief is that he purchased an A.C. 1^st Class Railway Ticket through IRCTC i.e., OP No.1 on 25.09.2013 for journey from NDLS to NJP by Rajdhani Express.  The date of journey was 27.09.2013, and the status of the ticket was shown by IRCTC as confirmed.  The complainant paid Rs.4,330/- for the above mentioned ticket.  On 27.09.2013, the complainant went to NDLS station intending to board the train, but he found that his name was not printed in the list of passengers, and after enquiring with the railway authority, he found that his name was in the waiting list, although he had a confirmed ticket.  The complainant was not allowed to board

Contd........P/2

-:2:-

the train, and having no other alternative, he returned from the station.  The complainant claims that whenever the status of an e-ticket is waiting, the amount of the ticket is automatically credited in the account of the passenger, but no such credit was made into the account of the complainant.  The complainant claims that the OP No.1 reasoned that since the ticket was confirmed as per their list, there is no question of refund of the amount of the ticket in the account of the complainant.  The complainant sent e-mails to the OPs about the matter, but he did not get any reply.  The complainant was delayed in joining his office due to deficiency of service on the part of the OPs.  The complainant thus filed this case praying for award of the said sum of Rs.4,330/- from the OPs, and he prays for some other reliefs by way of compensation and litigation expenses.

The OP No.2 & 3 has contested the case and filed written version denying inter-alia all the material allegations as raised by the complainant.  OP No.3 has stated that due to bug in the computer system at the time of preparation of chart, the complainant’s ticket reversed back in waitlist. 

OP No.1  also stated that this Forum has no jurisdiction to entertain this case.  OP No.1’s contention is that he has no role in preparation of chart, but they act as a linkman between the passenger and the railway authority for securing e-ticket for which internet charges was taken by IRCTC and entire fare which railway charges for travelling is transferred to railway authority.

Points for decision

1.       Whether this Forum has territorial jurisdiction to entertain this case ?

2.       Whether there is deficiency in service on the part of the OPs ?

3.       Whether the complainant is entitled to get the relief as prayed for ?     

Point No.1.

          From the cause title it appears that the complainant has filed this case against OP No.1/The Officer-In-Charge, Indian Railway Catering & Tourism Corporation Ltd. (IRCTC), 9^th Floor, Bank of Baroda Building 16, Parliament Street, New Delhi – 110 001, OP No.2/The General Manager, N.F. Railway, Maligaon, Guwahati (Assam), Pin Code – 781 011, and OP No.3/The General Manager, Northern Railway Head Quarter, Baroda House, New Delhi – 110 001.   

These OPs are not resided within the territorial jurisdiction of this Forum.

Contd........P/3

-:3:-

Section 11(2) of the Consumer Protection Act, 1986 runs as follows :- (a)  the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides or [carried on business or] has a branch office or personally works for gain, or

(b)      any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or [carries on business or has a branch office,] or personally works for gain, provided that in such case either the permission of the District Forum is given, or the opposite parties who do not reside, or [carry on business or have a branch office,] or personally work for gain, as the case may be acquiesce in such institution; or

(c)      the cause of action, wholly or in part arises.  

Accordingly, the case does not come within the purview of territorial jurisdiction of this Forum as laid down in Section 11 (2) of the Consumer Protection Act, 1986.

It is not necessary to discuss the other issues as the case is not maintainable in law.  

Hence, it is

                             O R D E R E D

That the Consumer Case No.13/S/2014 is dismissed but without any cost.

Let copies of this order be supplied to the parties free of cost.