West Bengal

Dakshin Dinajpur

CC/66/2022

Sri Bishal Karmakar, S/O- Biswarup Karmakar - Complainant(s)

Versus

The Station Master, Balurghat Railway Station - Opp.Party(s)

Birendra Nath Mahanta

29 Sep 2023

ORDER

            The instant case has been initiated by the complainant U/S – 35 of Consumer Protection Act, 2019 against the Opposite Parties claiming an amount of Rs. 1440/- + compensation Rs. 30,000/- + Rs.5,000/- as Litigation cost ( total Rs.36,440/- )

            The fact of the case, in brief, is that the complainant bought a ticket booking from Balurghat ticket counter on 21.05.2022 Howrah Balurghat Express Train date of journey 27.05.2022 boarding Howrah junction, ticket No.63136544, class- 3A (AC), seat No. WL-8, WL-9. After receiving a massage in his my mobile phone SMS that on that date 29.05.2022 the Howrah Balurghat Express train cancelled by the Railway department from Howrah to Balurghat. Thereafter, he went to Balurghat ticket counter for getting booking amount against cancellation of train by the railway department. But he was refused by the person who was present at the ticket counter on 01.06.2022 and he wrote in his ticket refused the money that day. Later on he went to the office of D.R.M. at Malda under Eastern Railway Division Jhaljhalia Division Malda, and he also refused him to return back that booking amount Rs.1440/- (Rupees One thousand four hundred forty). Having no alternative, the Complainant filed the instant case for redress as prayed for.

           Notice was duly served upon the opposite Parties and after receiving the notice, the Opposite Parties appeared before this Commission and filed written version.

           By filing written version, the Opposite Parties have stated that the claimant had purchased a ticket on 21.05.2022 from Balurghat PRS under PNR 6403379244 for 02 adults for journey Ex Howrah to Balurghat by Train No.13063 (Howrah-Balurghat Exp) of 27.05.2022. It is submitted that in cases of cancellation of train, a SMS regarding cancellation of train is always sent on passenger’s mobile. However, SMS has no relationship with cancellation of tickets. It is given only to inform the matter for the convenience of passengers. It is submitted that for interlocking work in connection with the commissioning of 3^rd Line between Bandel & Magra stations in Bandel Saktigarh Section, 72 hours [15:00hrs of 27.05.2022 Friday) to 15:00 hrs. of 30.05.2022 (Monday)] Traffic & Power Block was planned at Bandel, Adisaptagram and magra station and a good number of trains were cancelled of Howrah Division Eastern Railway. In this regard a press release was also made by Eastern Railway. The cancellation of all such trains was informed to all concerned through newspapers, media and SMS on passenger’s mobile phones. Among these, 18 no’s of such trains were bound to this (kathihar) Division and 13063 (Howrah- Balurghat Exp) of 27.05.2022 was one of it. Mr. Bishal Karmakar had also received the message about the cancellation of his train.

For the convenience of passengers, provisions for cancellation of tickets and refund of fare have already been made abiding Section 52 of Railway Act 1989. The rules framed for cancellation of tickets are notified through Gazette Notification and are displayed at prominent places of every station to make the passengers conversant with these rules and passengers are always supposed to know it for their own goodness.

As per rule, in case a train is cancelled due to unforeseen circumstances, full refund of fare is granted within three days excluding the scheduled day of departure of the train. Such cancellation of ticket is admissible at all reservation centers over Indian Railway. In the instant case, the complainant has mentioned that he received message for cancellation of train on 29.05.2022. If message was not received before date of journey, he must have arrived at Howrah station on 27.05.2022 for boarding the train and then he must have came to know about the cancellation of his train. Now, it was only responsibility to get refund after canceling the ticket but he failed to do so. Despite knowing about  the cancellation of train, Mr. Bishal karmakar neither thought appropriate nor paid any heed to get refund after cancelling his ticket from Railways counter though he had ample time (72 hours +16 hours) to get his ticket cancelled and he approached Balurghat PRS on 01.06.2022 (after 5 days from the journey date) for cancellation of ticket where his ticket details were fed in system for cancellation but system refused to grant refund with a message “too late for this transaction”. On verification by the counter clerk, it was revealed that the ticket was for journey Ex Howrah to Balurghat by Train No. 13063 (Howrah- Balurghat Exp) of 27.05.2022 and the said train was cancelled. As per rule, refund was admissible till 00.00 hrs of 30.05.2022 and same was informed to Mr. Karmakar. Under the facts stated herein above, it is quite evident that the complainant could not get full refund against his ticket as he failed to approach Railway authorities within prescribed time for claiming full refund. Accordingly, the complainant’s application seeking compensation for not getting refund for his own fault and carelessness is not justifiable and liable to be dismissed.   

          To prove his case, the complainant has filed photo copies of the following documents -

           (i) Original ticket along with photo copy of said ticket.

           (ii)  Prescription of doctor Subanti Goswami

           (iii)  Medical report of patient Reyenka Das

           On the other hand, the Opposite Parties failed to file any single document in support of their defense. 

             In view of the above mentioned discussions the following points cropped up for determination.

 

               

                Points for determination

1. Is the complainant a consumer to the Opposite Parties?
2. Is there any negligence and deficiency in service on the part of the Opposite Parties?
3. Is the Complainant entitled to get any relief/reliefs as prayed for?

 

                                    DECISION WITH REASONS

 

              We have heard argument by the Complainant and Ld. Advocate for the Opposite Parties at length  We have also gone through the written examination – in – chief,   written argument filed by the parties We also perused the documents submitted by the Complainant.

              At the time of argument, the Complainant narrated the facts of the case as mentioned in the complaint and submitted that the Opposite Party is very much negligent in rendering service to their bona-fide customer. Due to the negligent act/deficiency in service and non-refunding the amount of the train tickets by the Opposite Parties, the Complainant met with an irreparable financial loss and mental pain and agony. The documents produced by the Complainant proved his case so, he is entitled to get the relief.  

              On the other hand Ld. Advocate for the Opposite Parties also narrated the defense case and also submitted that the Complainant has not applied for refund of cancelled train within three days excluding the date of journey. So, the computer refused the transaction indicating too late for this transaction . There is no deficiency in service on the part of the Opposite Parties. Hence, the case is liable to be dismissed.

            In support of his contention, Ld. Advocate for the Opposite Parties submitted Cancellation and Refund Rules for IRCTC Trains.

             

             Let us discuss all the points one by one 

     Point No.1  

               It is fact that the Complainant purchased a train ticket from Balurghat ticket counter on 21.05.2022 for Howrah Balurghat Express train and the date of journey was 27.05.2022, Boarding at Howrah Junction, ticket no.63136544, Class- 3A(AC), Berth no. WL- 8 and WL- 9. This fact has not been denied by the Opposite Parties. In such circumstances, we opine that the Complainant is a consumer under the Opposite Parties as pr provision of section 2(7) of Consumer Protection Act, 2019.   

       Accordingly, this point is decided in favour of the Complainant.  

Point No.2&3 

         Both these points are taken up together for the sake of convenience and brevity. 

         Admittedly, the Complainant purchased a train ticket from Balurghat ticket counter on 21.05.2022 for Howrah Balurghat Express train and the date of journey was 27.05.2022, Boarding at Howrah Junction, ticket no.63136544, Class- 3A(AC), Berth no. WL- 8 and WL- 9. Further, the said train has been cancelled by the Howrah Division Eastern Railway for commissioning of 3^rd line between Bandel & Magra stations in bandel Saktigarh Section 72 hours ( 27.05.2022 to 30.05.2022) Traffic and Power Block was planned at Bandel, Adisaptagram and Magra stations and a good numbers of trains were cancelled. This cancellation of train was informed to the Complainant through SMS in the mobile phone of the Complainant.  

          Now, the allegation of the Complainant, is that on 01.06.2022 when the Complainant went to the booking counter at Balurghat for getting refund of the amount of the ticket, he was refused by the Counter clerk and then he went to the office of D.R.M at Malda under Eastern Railway Hjaljhalia  Division, Malda but he was also refused from there. In this regard it is the submission of the Opposite Parties that as per rule, in case when a train is cancelled due to unforeseen circumstances, full refund of fare is granted within three days excluding the scheduled day of departure of the train. Such cancellation of ticket is admissible at all reservation centers over Indian Railway. 

         Ld. Advocate for the Opposite Parties at the time of argument, filed Cancellation and Refund Rules for IRCTC Trains but this rules are not applicable in the present case because the above mentioned rules are applicable only to online booking of tickets.

         Ld. Advocate for the Opposite Parties also drew our attraction towards section 52 of the Railways Act, 1989 , where we find that If a train is cancelled due to accidents, breaches or flood and any other reason, the passenger will be refunded the full fare paid by him. To claim this refund, he should surrender his ticket within three days of the scheduled departure of the train.

           In the instant case, we find that the scheduled departure of the cancelled train was 27.05.2022 and the Complainant put is claim of refund on 01.06.2022 which is not within the three days of the scheduled departure of the cancelled train. Apart from it, in the present days all the system of the booking and cancelling of tickets have been computerized due to which the computer refused to grant refund with a message – Too late for this transaction.  

          Here we do not find negligence or deficiency in service on the part of the Opposite Parties so we opine that the Complainant is not entitled to get relief as prayed for.

           In view of the above mentioned discussions, it is clear that the Complainant is a consumer under the Opposite Party but there is no deficiency in service on part of the Opposite Parties. So, the Complainant is not entitled to get relief as prayed for.

       Accordingly, both these points are decided against the Complainant.

 

 Hence, it is

                                                        O R D E R E D

 

            That the Consumer Case No. 66 of 2022 is dismissed against the Opposite Parties but without cost.

 

              Let a plain copy of this order be supplied to the parties free of cost.