Order dictated by:

Sh.Anoop Sharma, Presiding Member

1.       Mr. Saurav Sharma complainant has brought the instant complaint under section  12 & 13 of  the Consumer Protection Act, 1986 on the allegations that complainant got booked railway tickets for Ajmer Express 19612 for travelling on 4.10.2016 from boarding from Amritsar railway station from opposite party No.2 , who charged Rs. 1000/- from the complainant against the actual price of Rs. 783/-. The complainant alongwith his brother was to board the train from Amritsar Railway Station on 4.10.2016, where the complainant was informed that the train is now scheduled to start the journey from Bathinda Railway station and not from Amritsar. The complainant could not reach Bathinda at the last hour so he made request to refund the booking amount, which the opposite parties refused to pay. Vide instant complaint, complainant has sought for the following reliefs:-

(a)     Opposite parties be directed to refund Rs. 1000/- alongwith interest @ 12% p.a. from 4.10.2016 till realization ;

(b)     Compensation to the tune of Rs. 50000/- be also awarded to the complainant alongwith adequate litigation expenses.

Hence, this complaint.

2.       Upon notice, opposite party No.1 appeared and filed written version in which it was submitted that complainant has not come to this Forum with clean hands  . It is clearly mentioned in the Railway Time Table that E ticket cannot be cancelled on regular counter. Passenger should access on the website of IRCTC i.e. www.irctc.co.in only for cancellation as no cancellation is permitted at Railway counter for “Electronic Ticket” . Before preparation of chart, user can also cancel the ticket through IRCTC Website, thereafter cancellation/refund will be routed through IRCTC. As such, ticket in question was booked by IRCTC (Indian Railway Catering and Tourism Corporation) and dispute or refund and over charging is between the agent M/s. K.R. Computers and complainant . As such railway has no concern with this complaint. While denying and controverting other allegations, dismissal of complaint was prayed.

3.       Initially opposite party No.2 did not opt to put in appearance and was ordered to be proceeded against ex-parte. However, at the later stage Sh.Bikramjit Singh Randhawa,Adv.appeared on behalf of opposite party No.2 and he was allowed to join the proceedings at that stage i.e. at the stage of evidence.

4.       In his bid to prove the case complainant tendered into evidence his duly sworn affidavit Ex.C-1, copy of e-ticket Ex.C-2, copy of e-mail Ex.C-3 and closed his evidence.

5.       To rebut the aforesaid evidence Sh. Ramesh Chander Sharma,Adv.counsel for the opposite party tendered into evidence affidavit of Sh. Pawan Kmar Ex.OP1 and closed the evidence on behalf of opposite party.

6.       We have heard the ld.counsel for the parties and have carefully gone through the record on the file.

7        From the appreciation of the facts and circumstances of the case, it becomes evidence that  complainant got booked railway tickets from opposite party No.2 for Ajmer Exress 19612 for travelling on 4.10.2016 from Amritsar Railway station and the opposite party No.2 charged Rs. 1000/-  from the complainant against the actual price of Rs. 783/-. It was the case of the complainant that when  complainant alongwith his brother  was to board the train from  Amritsar Railway Station, he was informed that the train is now scheduled to start from Bathinda Railway Station . As the complainant could not reach Bathinda at the last hour, so he requested the opposite parties to refund the booking price to the tune of Rs. 1000/- which the opposite parties failed to pay. 

8.       However,  case of opposite party No.1  is that  as the complainant booked e ticket  and the same cannot be cancelled on regular counter. It has further been contended by opposite party No.1 that as the ticket in question was booked by IRC TC and dispute or refund and over charging is between the agent M/s. K.R. Computers and complainant and railway has no concern with the same.

9.       But, however, opposite party No.2 i.e. M/s. K.R. Computers initially did not opt to put in appearance and was ordered to be proceeded against ex-parte. But at the later stage , opposite party No.2 was permitted to join the proceedings at that stage. But, however, opposite party No.2 did not produce any evidence to rebut the evidence produced by the complainant.

10.     The complainant in his evidence has produced Electronic Reservation Slip copy of which is Ex.C-4 from where it is clearly evident that complainant booked e-ticket  from Amritsar JN(ASR)  and the boarding schedule was also from Amritsar JN(Asr) ON 4.10.2016  and the total fare to the tune of Rs. 783/- was mentioned in the reservation slip . It was the case of the complainant that opposite party No.2 has charged Rs.1000/- against the ticket fare of Rs. 783/-. On the other hand opposite party No.2 did not opt to put appearance to corroborate the version put forth by the complainant and even did not produce any evidence despite having opportunity been given to the opposite party No.2 to produce the evidence.  As the complainant has booked the ticket through opposite party No.2 , as such it was the responsibility of opposite party No.2 to make him aware about the change in schedule from Amritsar to Bathinda which the opposite party No.2 failed to do so. As such the complainant has to miss the train which is scheduled at Bathinda  for which the complainant has to suffer a lot of inconvenience  , harassment  mentally as well as financially. So the complainant is entitled to compensation.

11.     In view of the above discussion, we have come to the conclusion that the complainant has to miss the train due to the fault of the opposite party No.2 as opposite party No.2 did not make the complainant aware about the change in scheduled place. So complainant is entitled to refund of Rs. 1000/- from opposite party No.2. The complaint as such is allowed accordingly. Complaint against opposite party No.1 stands dismissed. Opposite party No.2 is directed to refund Rs. 1000/- as the price charged from the complainant.  Opposite party No.2 is also directed to pay Rs. 2000/- as compensation for the harassment suffered by the complainant. Litigation expenses are assessed at Rs. 1000/-. Compliance of this order be made within 30 days from the date of receipt of copy of order ; failing which complainant shall be entitled to get the order enforced through the indulgence of this Forum. Copies of the orders be furnished to the parties free of costs. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.

Announced in Open Forum

Dated : 8.3.2017

/R/