The Complainant Nazrul Islam has filed this case against the O.Ps under section 12 of the Consumer Protection Act, 1986 and praying for following Order/ Relief:-

1. Direction against the O.P.s to pay the Complainant a Sum of Rs. 3200/- (Rupees Three Thousand Two Hundred) +Rs. 1400/- (Rupees One Thousand Four Hundred)=Rs. 4600/- (Rupees Four Thousand Six Hundred) Only towards refund of cancellation of  journey tickets.

2. Direction against the O.Ps to pay the Complainant a Sum of Rs.1,00,000/- (Rupees One Lakh) Only towards mental agony, pain suffered by the complainant.
3. Direction against the O.P. to pay the Complainant a Sum of Rs. 10,000/- (Rupees Ten Thousand) Only towards the cost of litigation.
4. Direction against the O.P. to pay interest to the Complainant @12% from the date of cause of action.
5. Any other relief/ reliefs which the Complainant is entitled as per law.

                                                          BRIEF FACTS OF THE COMPLAINT

1. The Complainant is a Consumer within the meaning of the Consumer Protection Act and Rules.
2. That, the Complainant being a bonafide Customer of the O.P. No.1 purchased two journey tickets on 04.10.2018 by using his ATM Cum Debit Card issued by the O.P. No 3
3. That, the Journey Tickets being PNR No. 662-0403974, date of journey 10.10.2018, train no. 13147 number of passengers -4, amount paid Rs. 3060/-( Rupees Three Thousand Sixty) Only.

Another journey ticket being PNR No. 672-0403987, date of journey 09.10.2018, train no. 13148, number of passengers -4, amount paid Rs. 3460/-(Rupees Three Thousand Four Hundred Sixty) Only.

4. That, the Complainant went to O.P. No. 1 on 07.10.2018 for cancellation of tickets and he cancelled tickets of PNR No. 662-0403974 and also cancelled for two passengers of PNR No. 672-0403987.
5. That, though the refund was printed in the cancelled ticket by no money was refunded from the O.P. No. 1 and O.P. No. 2 to the Complainant.
6. That, the Complainant sent several emails and letter dated 02.01.2019, 01.03.2019 to the O.P. No. 2 but of no result.
7. That, the Complainant also went to the O.P. No. 3 to check the entries in his Bank Passbook but did not find any amount sent by the O.P. No. 1 or O.P. No. 2.                                                            
8. That, the Complainant thereafter approached the Assistant Director, Directorate of Consumer Affairs and Fair Business Practices, Regional Office, Jalpaiguri on 03.05.2019 and one complaint was registered being in No. 898/04/TT/19-20.
9. That, notice was sent to the O.P. No. 1 & 2 from the office Of D.C.A & F.B.P. where the authorized representative of the O.P. No. 1 & 2 stated that, they have already remitted the refund to the Complainant through his Bank on 08.10.2019 and getting that information the Complainant went to the O.P. No. 3 who submitted statement of accounts of the Complainant by there was no mention of any remittance by the O.P. No. 1 or O.P. No. 2on or after 07.10.2018 and the D.C.A.&F.B.P. dropped the matter.
10. That, the O.P.s gave no explanation for the non-payment of the refund of the amount on cancellation of Journey Tickets which cause pain and agony suffered by the Complainant.
11. That, the Cause of action arose on 07.10.2018 when the Complainant cancelled the tickets and finally on 14.08.2019 when the Complaint was dropped without result at the Office of the D.C.A&F.B.P.

In Support of the Complaint the Complainant has filed the following documents:-

Annexure-1-Photocopy of cancelled tickets for PNR No. 662-0403974 and PNR No. 672-0403987.

Annexure-2-Letter dated 02.01.2019 to the O.P. No. 2.

Annexure-3 - Letter dated 01.03.2019 to the O.P. No. 2.

Annexure-4- Complaint date 03.05.2019 before the Assistant Director of D.C.A & F.B.P., Jalpaiguri.

Annexure-5-Notice of Complainant dated 03.05.2019.

Annexure-6- Documents submitted by the O.P. No. 1 & 2.

Annexure-7- Statement of Accounts of the Complainant’s ATM Cum Debit Card.

Annexure- 8- Order sheet dated 14.08.2019 of the Assistant Director of D.C.A & F.B.P., Jalpaiguri.

Notice was sent from this Commission for servicing upon the O.Ps.  On receipt of notice the O.P. No. 1 and O.P. No. 2 appears through Vokalatnama, files written version, denied all the material allegations of the Complainant. O.P. No. 1 and O.P. No. 2 have stated that, they have been implicated by the complainant on some false allegations by the Complainant.

              Written Version of the O.P. No. 1 and O.P. No. 2

1. The Case is not maintainable either in fact or under law.
2. That, there was no cause of action for filing of this case.
3. That, the case is barred by the Principles of Waiver, estoppels and acquiescence.
4. That, by suppressing the actual facts the complainant has filed this case on some false allegations.
5. That, this case involves serious and complicated questions of law and facts and the same cannot be decided by a summary proceedings.
6. There is no negligence of service on the part of the O.P.s and therefore the present case is liable to be dismissed.
7. That, on request of the Complainant for cancellation of tickets purchased against PNR No. 662-0403974 for 4 passengers and against PNR No. 672-0403987 for two passengers they took steps for processing the refund after making necessary deductions as per Railway Booking and Cancellation Rules. The Sum of Rs. 3200/- (Rupees Three Thousand Two Hundred) Only had been refunded to the Complainant’s Banker long back on 09.10.2019 against PNR No. 662-0403974 and similarly a Sum of Rs. 1400/- (One Thousand Four Hundred) Only had been refunded to the Complainant’s Banker on 09.10.2019 against to the Complainant’s Banker on 09.10.2019 against PNR No. 672-0403987 and as per the system generated CPG interface refund has been validated in favour of the Complainant.
8. That, the said refund had already been validated and the refund amount had already been credited to the issuer bank and the O.P. No. 3 Bank can speak as to the status of the said amount and ATM recon team of the O.P. No. 3 Bank has to trace out the status of the said amount from the suspense account or customer’s branch dummy account so as to enable the complainant to realize the said refund. By filing written version O.P. No. 1 and O.P. No. 2 praying for dismissal of this case.

Written Version of the O.P. No. 3

The O.P. No. 3 also appears before this Commission through Vokalatnama, filed written version defined all the material allegations against them. The O.P. No. 3 Bank has stated that, the Complainant has no locus standi to file this case against them and the O.P. 3 Bank has no connection with selling of ticket. O.P. No. 3 Bank has also stated that, the statement of Bank Account of the Complainant shows that, no such amount had been remitted to the account being kept at the O.P. Bank. O.P. No 3 has also stated that there is no deficiency in service or unfair trade practice on their part.

The O.P. No. 3 Bank has filed statement of account before this Commission (signed on 19.05.2023) stating that, as on 19.05.2023 the amount of refund, debited on 04.10.2018 for two transactions amounting to Rs. 3060/- ( Rupees Three Thousand Sixty Only) and Rs. 3460/- (Rupees Three Thousand Four Hundred Sixty Only) has not been credited to the beneficiary account as per the statement submitted.

Having heard the Ld. Advocate of both the sides and on perusal of the entire record the following points are taken up for consideration by this Commission.

Points for Consideration

1) Whether the complainant is a consumer?

2) Whether the case is maintainable under the CP act 2019?

3) Whether this Commission has its jurisdiction to decide this case?

4) Whether there is any deficiency in service in the part of the O.P. as alleged by the complainant?

5) Is the complainant entitled to get any award and relief as prayed for? If so, what extent?

Decisions of Reasons

All the points are taken up together for discussion to avoid unnecessary repetition and for the sake of convenience and brevity of this case.

Ld. Advocate of the complainant during argument has stated that, they have filed B.N.A. where they specifically stated that, the Complainant has been able to prove the case against the O.P.s not only through evidence of the Complainant but also by producing documents before this Commission. He also argued that, the Complainant went to the O.P. on 07.10.2018 for cancellation of his two tickets and the same was duly cancelled and the O.P. No. 1 gave two cancelled tickets wherefrom it is clear that after deduction, the Complainant should get Rs.3200/-( Rupees Three Thousand Two Hundred Only) + Rs. 1400/- (Rupees One Thousand Four Hundred Only) due to such cancellation  of tickets.  He also argued that, The Complainant has been  able to prove the fact that by producing his Bank Account Statement that, no refund amount  had been credited in his account remittance by the O.P. No. 1or O.P. No. 2 on or after 07.10.2018. He also argued that, the O.P. No. 3 in his written version has specifically stated/ admitted that, no refund amount had been credited in the Bank Account of the Complainant. He further argued that, the complainant has filed the Bank Statement (Annexure-7) wherefrom it has been proved that, on 04.10.2018 a sum of  Rs. 3060/- (Rupees Three Thousand Sixty) Only and Rs. 3460/- (Rupees Three Thousand Four Hundred Sixty) Only  were debited but no such  amount of money had been credited in that account allegedly remitted by the  O.P. No. 1or O.P. No. 2 and such non- payment of refund of the amount on cancellation of tickets is nothing but the deficiency in service as well as unfair trade practices on the part of the O.P. No. 1 and O.P. No. 2.

Ld. Advocate of the O.P. No. 1 and 2 during argument submits that the complainant has failed to prove the case against them and the Complainant by suppressing the actual fact filed this case against the O.P.s to harass them. He also argued that, the O.Ps on receipt of request for cancellation of 4 tickets purchased against PNR No. 662-0403974 and 2 tickets against PNR No. 672-0403987 had taken necessary steps for processing the refund after making necessary deductions. He further argued that, as per “CPG Bank Interface Status” the refund amount has been validated and a sum of Rs. 3200/- (Rupees Three Thousand Two Hundred) Only and 1400/- (Rupees One Thousand Four Hundred) Only had been refunded to the Complainant’s Banker and  as such there was no negligence of service on the part of the O.Ps. he praying for dismissal of this case.

Ld. Advocate of the O.P. No. 3 Bank during argument has stated that, they have no connection with regard to purchase of cancellation of any ticket. He further argued that, the O.P. No. 3 Bank has issued the Bank statement of the Complainant wherefrom it is proved that, a sum of Rs. 3060/- (Rupees Three Thousand Sixty) Only and  Rs. 3460/- (Rupees Three Thousand Four Hundred Sixty) Only  were debited but has not been credited to the account of the Beneficiary. He also argued that, there was no deficiency in service on the part of the O.P. No. 3 towards the Complainant.

Having heard the Ld. Advocate of both the sides and on perusal of the record it is admitted fact that, the Complainant purchased two tickets from the O.P. No. 1 on 04.10.2018 vide PNR No. 662-0403974 and PNR No. 672-0403987.

It is also admitted fact that, on 07.10.2018 the Complainant cancelled the ticket of PNR No. 6620403974 and also cancelled ticket in respect of two passengers of PNR No. 672-0403987.

It is fact that, the Complainant has filed two cancelled ticket before this Commission vide Annexure-1 showing that those tickets were cancelled for 4 adults and for 2 adults.

The Complainant has also annexed Bank Account Statement of his account vide Annexure-7. From careful scrutiny of that Annexure-7 it reveals that, on 04.10.2018 a sum of  Rs. 3060/- (Rupees Three Thousand Sixty) Only and  Rs. 3460/- (Rupees Three Thousand Four Hundred Sixty) Only  were debited from the Bank Account of the Complainant. But no such amount of Rs. 3200/- (Rupees Three Thousand Two Hundred) Only and 1400/- (Rupees One Thousand Four Hundred) Only had ever been credited in the Bank Account of the Complainant allegedly remitted from the O.P. No. 1 or /and O.P. No. 2.

Moreover the O.P. No. 3 Bank has filed latest Bank Account Statement of the Complainant on 19.05.2023 where he specifically narrated that, a sum of  Rs. 3060/- (Rupees Three Thousand Sixty) Only and  Rs. 3460/- (Rupees Three Thousand Four Hundred Sixty) Only which were debited on 04.10.2018 has not been credited t the Beneficiary account.

Considering all we are of the view that, mere by filing CPG Bank Interface Application vide Annexure C series by the O.P. No. 1 and O.P. No. 2 does not ipso facto absolve the O.P. No. 1 and O.P. No. 2 form the duty cast upon them from refunding money directly to the Bank Account of the Complainant. Accordingly we are of the view that, the Complainant has been able to prove its case against the O.P. No. 1 and O.P. No. 2 and there was deficiency in service as well as unfair trade practice as the part of the O.P No. 1& 2 and they are jointly and severally liable to pay the awarded amount to the Complainant.

Hence it is therefore,

Ordered

That, the instant Consumer Case No. 38/2019 is hereby allowed in part on contest against the O.P. No. 1 and O.P. No. 2 and dismissed against O.P. No. 3.

The O.P. No. 1 and O.P. No. 2 are directed to pay the Complainant a sum of Rs. 3200/- (Rupees Three Thousand Two Hundred) Only and 1400/- (Rupees One Thousand Four Hundred) Only= Rs. 4600/- (Rupees Four Thousand Six Hundred)  Only towards refund of the amount on cancellation of journey tickets.

O.P. No. 1 and O.P. No. 2 are also directed to pay a sum of Rs. 5000/- (Rupees Five Thousand) Only to the Complainant towards mental agony and pain suffered by the Complainant.

O.P. No. 1 and O.P. No. 2 are further directed to pay a sum of Rs. 5000/- (Rupees Five Thousand) Only to the Complainant as litigation cost.

O.P. No. 1 and O.P. No. 2 are further directed to pay Rs. 10000/- (Rupees Ten Thousand) Only in the Consumer Legal Aid Account in this commission.

Let a copy of the order be sent / supplied at free of cost to the parties.