OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KAMRUP,GUWAHATI
C.C.52/15
Present:-
1)Md.Sahadat Hussain, A.J.S. - President
2)Smti Archana Deka Lahkar - Member
1) Sri Nayan Jyoti Bora – Complainant
S/o -Sri Karuna Kanta Bora
2) Sri Mukunda Saikia
S/o -Sri Nagen Saikia
Residents of both Town Teliagaon.
P.O.Haibargaon,Dist: Nagaon,
Assam
-vs-
1) Union of India, - Opp.parties
Represented by General Manager,
N.F.Railway.
2) Chief Commercial Manager (Refund)
N.F.Railway.Maligaon
Appearance-
Learned advocates Mr.Tapan Kr.Borah for the complainant .
Date of oral argument- 24.8.2017
Date of judgment- 19.9.2017
EXPARTE JUDGMENT
This is a complaint u/s 12 of the Consumer Protection Act, 1986.
1) The complaint filed by Nayan Jyoti Bora and Sri Mukund Saikia against Union of India and Chief Commercial Manager , N.F.Railway was admitted on 13.7.15 and notices were served upon them and they also appeared in this proceeding, and filed the written statement, but thereafter they defaulted to appear in this proceeding and in result, this proceeding is proceeded on exparte against them vide this forum’s order dtd. 22.3.17. The complainant side filed affidavit of the complainant Sri Nayan Jyoti Bora and finally ld advocate Mr.Tapan Kr.Bora filed written exparte argument, and also, on 24.8.17, forwarded his oral exparte argument for the complainant. Today, we deliver the judgment on exparte, which is as below-
2) The gist of the complainants in brief is that complainants had purchased two tickets to made a journey from Guwahati to Patna at the cost of rupees 5380/-(Rupees five thousand three hundred eighty)only. The complainants went to the station according to schedule time, but after reaching the station the petitioner came to know that the concerned train was late. After getting the information the complainants were eagerly waiting for the arrival of the train. But when after the lapse of three hours the complainants got the information that some train had been cancelled and the railway authority will refund the money of the cancelled train and then the complainants went to the counter and remained there standing for one hour at the line for refund of their money , but when they reached the counter, the railway authority informed that their train had not cancelled till that time, and that tatkal ticket is not refundable. After that, they were waiting for the arrival of the train but after the lapse of 7/8 hours also, when the train had not come and they again approached the concerned counter and the information desk , they gave the same information. After waiting of 12/13 hours the complainants again went to the counter for refund of the ticket amount ,but they gave an advice that tatkal ticket is not refundable and they had not any other option except waiting for the train. And when the complainants asked for the train status, the authority was not able to provide any information about the train. After that they have not any other option except leaving the station with a painful heart. On the very next day of their journey one of the complainants took appointment of a doctor due to his treatment, but due to railway authority’s negligence it was not possible. And other complainant also had to appear an examination of Indian Navy after two days of their journey. On 23.9.2014 the complainants gave a representation to CCM (Chief Commercial Manager) Guwahati stating the same fact and the concerned authority also provided the reply according to which the complainant are competent to get refund of ticket money even though the authority denied the same showing some wrong fact. After receiving he above mentioned reply, and when the complainant already complied with the condition of Railway, they again again wrote a letter to Chief Commercial Manager (Refund), with a prayer for considering their matter and humbly prayed to take step for refund their fares as on early date. But till date no appropriate step is taken by the opp.parties in this regard. Complainant beg to state that due to non refund of their fare amount and deficiency in service rendered by the opp.parties, the complainants suffered a lot. Despite of repeated requests, the opp.parties didn’t take timely action to refund the fare amount for which this complainants had suffered tremendous mental agony and losses. The complainants incurred consideration loss and mental harassment for the act of negligence and deficiency by the opp.parties. Therefore, an amount of Rs.32,380/- is claimed as compensation .
3) We have perused the pleading as well as evidence adduced by complainants, which is exparte evidence. From the evidence, it is clear that the complainants had purchased two tatkal tickets, one for himself and another for his brother to do journey from Guwahati to Patna in Rajdhani Express, which was scheduled to leave Guwahati on 20.9.2014. Admittedly the said train delayed journey more than twelve hours and on that day other trains also delayed more than twelve hours due to strike called by Assam Police Home Guard Association, and the complainants did not perform the said journey through that tickets. From written statement of the opp.party, it is seen that the opp.parties are stating that while the journey, including Rajdhani Express on 20.9.14, of which the complainant purchased tickets, delayed journey more than twelve hours due to strike called by Assam Police Home Guard Association and as a result the passengers are allowed to refund their tickets in the counters, for which , five numbers of counters during morning shift, four numbers of counter of evening and one number of counter during night shift were earmarked, and an amount of Rs.1,81,373/- against 877 nos. of passengers were refunded. The complainant No.1 states in his pleading as well as in his evidence states that when they found the concerned train delayed and some train have been cancelled by the railway authority, he got information that railway authority were refund the money of the cancelled train and that he went to the counter for refund of the money ,he was inform that the concerned train had not been cancelled till that time and that tatkal ticket is not refundable and then they were waiting for the train, but after lapse of seven/eight hours, when the train had not arrived the station, he again approached the counter and the information desk, but they gave the same information to him and; after waiting for another 12/13 hours, he went to the counter for refund of the ticket amount and he was informed that tatkal ticket is not refundable and then they left the station, but on 23.9.14 he sent a representation to CCM (Chief Commercial Manager), N.G.Railway, Guwahati, and a reply was also furnished to him stating some grounds for entitlement of refund. In this case, we have found that the complainant side gives no evidence that he approached the counter earmarked by the opp.party to refund the ticket money of the cancelled trains and delayed trains. He also adduce no evidence that he approached their officers of opp.party at the said station on that day and requested them to refund the ticket money. Thus , it is seen that the complainant side has failed to give details of counter number, the time he approached, the name of the station assistant he approached for refund of the ticket money for delay of the connected train, which was scheduled to make journey on 20.9.14. Therefore, it is not proved that the complainant No.1, on delay of the train, when he and his brother were to travel, he approached the counter earmarked by the opp.party to refund the value of the tickets of the passengers and requested them to refund the ticket money he purchased. In such situation, it shall be presumed that, he never approached the counter earmarked by the opp.party to refund the ticket money of the cancelled and delayed trains which were to fraud on 20.9.14. Secondly, it is rule that the purchaser of the tatkal tickets are not entitled to get refund of ticket money. Another rule is that if the journey is not taken due to late running of the train by more than three hours of the scheduled departure of the train, then tickets are to be surrendered before the actual departure of the train . In the instant case the complainant is found not approached the counter earmarked for refund of the ticket money of cancelled trains and delayed trains, rather he was found left the station without approaching the said counter. For that count, if he has actually filed representation to the Commercial Manager, N.F.Railway, Maligaon for refund of ticket money on 23.9.14, yet he is dis-entitled to get refund of the ticket money. Therefore, we hold that the complainant has no prima facie case against the opp.parties and hence he is not entitled to any relief as he prayed. Accordingly, the complaint is dismissed on exparte.
Given our hands and seals in this day of 19th Sep.2017.
Smti A. D. Lahkar Md.S.Hussain
(Member) (President)
