D o F: 13.09.2010
D o O: 31.12.2010
IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,KASARAGOD.
C.C. No.194 of 2010
Dated this, the 31st day of December 2010
Present:
President : Shri K.T.SIDHIQ
Member : Smt.P.RAMADEVI
Savitha Bhat, Rtd. Teacher,
C.c.No.36,Chinmaya Colony, : Com plainant
Vidyanagar,Kasaragod.
(in person)
1.Station Master,Mangalore Central-
Railway Station Managlore Po,
Karnataka State.
2.Divisional Commercial Manager, : Opposite parties
Southern Railway Palghat
(Adv.M.Abdul Khader,Kasaragod)
ORDER
SHRI K.T.SIDHIQ: PRESIDENT
Bereft of uncessaries the case of the complainant is that opposite party failed to refund the fare for the unused portion of the ticket for the journey in the sector Kurla Junction-to Mangalore. According to complainant she and her sister could not travel in that sector because her connection train was late for 9 hours. Therefore after traveling in another train to home she claimed refund of the fare for the unused portion. But it was not paid . Hence the complaint.
2. On receipt of a copy of complaint opposite party on 28/9/2010 paid ` 530/- to the complainant that she entitled as per Rules of refund of ticket fare. Thereafter opposite parties filed their version on 9/11/2010. According to opposite parties Samarstha Express in which complainant and her sister traveled from Nagpur to Kurla were late by 9 hours due to the restriction and regulations imposed by the Eastern Railway Authorities due to antinational miscreant activities of Maoist.
3. Complainant examined as PW1 and Exts A1 to A6 marked. On the side of opposite party no evidence adduced. Both sides heard. Documents perused.
4. Complainant, a senior citizen, a retired headmistress has deposed that she and her elder sister has to wait in the Kurla Station till next day since their connection train has left when they reached after a 9 hours delayed journey. Though she approached Nagpore Railway station authorities claiming refund of the fare for the unused portion, they refused to refund the amount and advised her to approach Palakkad Divisional Commercial Manager ie 2nd opposite party. She sent the original tickets to 2nd opposite party but there was no response and hence filed this complaint. After filing the complaint she received pay order for ` 530/- from 2nd opposite party. Learned counsel for opposite parties Sri.Abdul Khader cross examined the complainant. During cross examination complainant conceded that she did not know the fixing of fare basing on telescopic distance. She further deposed that she approached the station Master Kurla with request to arrange berth for their remaining journey but it was told that they could not assure any berth for the remaining journey.
5. On evaluating the evidence tendered by the complainant it is clear that she and her sister have suffered much hardships due to the late arrival of Samarstha Express in Kurla. As a result they constrained to wait on the platform throughout the night till next day. We can imagine the sufferings caused to them. Apart from all this sufferings she had to purchase another tickets for `1148/- for their remaining journey from Kurla to Mangalore. To add fuel to the fire the opposite parties did not even care to repay the ticket fare for the unused portion though claim made as per rules on 14/7/2010. Ext.A3 is the copy of the claim petition. Finally she constrained to file this complaint for getting refund of the claim amount that she legally entitled. If these are not amounts to deficiency in service then what else it is? The complainant therefore entitled to compensation for the mental agony and sufferings caused to her.
During enquiry it is also came to our knowledge that a number of refund claims are pending with the opposite parties and the opposite parties are totally ignoring such claims.
In the result complaint is allowed and opposite parties are directed to pay a compensation of `3000/- for the inconvenience, mental agony and sufferings caused to the complainant together with a cost of ` 2000/-. The claim for refund of fare is rejected since opposite parties have already refunded the amount as per rules. Opposite party No.2 is also directed to honor all the ticket refund claims pending before him. Time for compliance is limited to 30 days from the date of receipt of copy of this order. Failing which punitive compensation will be imposed in the cases of claim for non-refund of tickets which is kept pending without any justification.
Exts:
A1&A2- Copy of train tickets
A3-14/7/2010- copy of letter to 2nd OP
A4 to A6 –train tickets
Sd/ Sd/
MEMBER PRESIDENT
eva /Forwarded by Order/
SENIOR SUPERINTENDENT
