DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi-110016

Case No.789/2009

Sh. Dev Kant

I.L.S.,

702, Asia House,

K.G. Marg,

New Delhi                                                                    ….Complainant

Versus

1.      Union of India

          (through its Secretary)

          Ministry of Railways

          Baroda House

          New Delhi

2.      Northern Railway

          (through its Principal Officer)

          Baroda House

          New Delhi                                                       ….Opposite Parties

                                                          Date of Institution        : 03.11.09      Date of Order        :   15.07.17

Coram:

Sh. N.K. Goel, President

Ms. Naina Bakshi, Member

ORDER

The case of the complainant, in nutshell, is that he booked two tickets of sleeper coach from the OPs from Delhi to Phagwara on 23.08.09 for Katihar Amritsar Express. As the train was late by 8 hours, he got the tickets cancelled and got refunded 100% full amount of the fare. He performed the journey by another train from Delhi to Ludhiana Junction and onward journey by bus. Due to this reason, he could not attend bhog ceremony on time which caused him mental pain and agony. He asked the OP to pay Rs.50,000/- as compensation  for mental pain and agony caused to him.  He sent a legal notice through his counsel to the OP on 28.08.09 but the OP did not give any response. Hence, claiming deficiency in service on the part of the OP, the complaint has been filed.

In the written statement OP has not disputed that the complainant had book tickets of sleeper coach from Delhi to Phagwara on 23.08.09 for Katihar Amritsar Express. OP has admitted the fact about the late departure of the train and 100% refund of railway ticket fare to the complainant. It is submitted that the late departure of the train was beyond the control of the OP. As per Rule 115 of the Indian Railways Conference Association Coaching Tariff No. 26, Railways do not guarantee the arrival or departure of the trains at times specified in the time table nor they can be held accountable for any loss or inconvenience  which may arise to passengers from delays or detention to themselves or their luggage.  Further as per the rule 213.11 of Indian Railways Conference Association Coaching Tariff No.26 no cancellation charges or clerkage shall be levied and full fare shall be refunded to all passengers holding reserved/RAC and waitlist tickets.   It is further stated as follows:-

“… if the journey is not  undertaken due to late running of train by more than 3 hours of the schedule departure of the train from the journey commencing station proved that the ticket is surrendered upto the maximum time limits prescribed in clause-C of Sub- Rule (1) of Rule 6.

It is submitted that the complaint is not maintainable being devoid of merits. The complainant himself admitted that he took the 100% refund of the ticket without any deductions as per rules.”

Receipt of the legal notice is denied.  It is denied that there is any deficiency in service on the part of the OP.  Prayer is for dismissal of the complaint.

Complainant has filed a rejoinder and reiterated the averments made in the complaint.

          OP has been proceeded exparte vide order dated 12.02.14.

Complainant has filed his own affidavit in evidence and written arguments.

We have heard the counsel for the complainant and have also gone through the record.

It is an admitted fact that the Katihar Amritsar Express was late by 8 hours. There is material on record to show that the complainant and his wife had to attend a bhog ceremony on that day itself at their destination place.  However, due to late running of the train by 8 hours the complainant was compelled to get the tickets cancelled, got the refund and performed the journey by another train. The original tickets of another train are placed on the file which we mark as Annexure-A for the purposes of identification. Refunding of 100% full fare of the tickets shows that the officials of the OP themselves had agreed to refund the said amount by admitting the lapse on the part of the Railway Department.  Otherwise, 100% of the refund could not have been made to the complainant.  Reliance on Rule 115 of Tariff No.26 of the Indian Railways Conference Association Coaching Tariff has been placed on behalf of the OP in their written statement.  However, copy of no such rule has been filed on the record though the same is shown to have been filed as Annexure-A in the written statement. Therefore, we do not agree with the submission made on behalf of the OP in the written statement that the Railways are not responsible for delay in departure of the train etc. The complainant and his wife had to attend a bhog ceremony. Due to late running of the train which they had booked by 8 hours they had to undertake the journey from another train. We do not see any reason to disbelieve them that due to this reason they could not attend the bhog ceremony in time. This must have infact caused a great mental agony and social stigma to the complainant and his wife. Therefore, we hold that the complainant and his wife suffered mental tension and agony because of the deficiency in service on the part of the OP. 

In view of the above discussion, we allow the complaint and direct the OP to pay Rs.15,000/- to the complainant towards mental pain and agony within a period of 30 days from the date of receipt of copy of this order failing which OP shall become liable to pay Rs.15,000/- alongwith interest @ 6% p.a. from the date of filing of the complaint till realization.

Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations.  Thereafter file be consigned to record room.

Announced on 15.07.17.