Punjab

Rupnagar

CC/22/40

Hardeep Kaur - Complainant(s)

Versus

Union of India - Opp.Party(s)

24 Mar 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

RUPNAGAR

 

Consumer Complaint No.        :  40of 10.02.2022

            Date of Decision                     :   24.03.2023

 

Hardeep Kaur aged about years wife of Lakhwinder Singh Resident of VPO Kotla Power House Tehsil Shri Anandpur Sahib, District Rupnagar.

 

                                                                                                ….Complainant

Versus

 

 

1. Union of India through its Secretary Northern Railway Baroda House Railway Bhawan New Delhi.
2. Divisional Railway Manager, Northern Railway AmablaCantt (Haryana).
3. Station Master Railway Station Northern Railway Sri Anandpur Sahib Tehsil Shri Anandpur Sahib District Rupnagar.

      …Opposite Parties

Complaint under the Consumer Protection Act.

 

QUORUM:

SH.KULJIT SINGH, PRESIDENT

SH.RAMESH KUMAR GUPTA, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant             :         Sh.Lakhwinder Singh, Advocate

For OPs                          :         Sh.Sachin Kaushal, Advocate

 

ORDER

PER  KULJIT SINGH, PRESIDENT

 

1. In the present complaint, the counsel for complainant has averred that complainant and her family members and relatives jointly decided to visit the holy pilgrims TakhatSri Hazoor Sahib (Nanded) Maharashtra.  Complainant purchased journey cum reservation tickets for 8 (eight) persons from the reservation counter of the Railway Department at Sri Anadpur Sahib Railway Station on 12.07.2019 for ups and downs from Sri Anandpur Sahib to Hazoor Sahib and returned tickets Hazoor Sahib to Anandpur Sahib by making payment of Rs.28500/- to railway department as travelling charges.  On 05.09.2019 the train No.22458 Nangal Dam to Hazoor Sahib Express was cancelled, therefore, the complainant requested the OP-3 to return the whole amount of tickets of Rs.28500/- and on 05.09.2019 due to cancellation of the train, the OP-3 refunded half of the amount out of said total amount to the complainant and advice that the remaining amount of Rs.14250/- would be refunded on 14.09.2019.  On 13/14.09.2019 in morning complainant visit to office of OP-3 to refund amount of Rs.14250/- but OP-3 refused to return the remaining amount of tickets to complainant for reasons best known to him.  Complainant again and again requested the OP that she and her relatives have not travelled in the train and further requested the OP that due to cancellation of the train, they are so harassed and their other important works have also been affected due to negligence of the railway department.  Thus OP-3 loudly speaks and threat the complainant to left window otherwise he will call to the security person.  The OP-3 did not refund the amount of Rs.14250/- to complainant.  Complainant has also served legal notice on 17.09.2019 but Op neither reply nor returned the amount.  Lastly, prayer has been made that the OPs be directed to make payment of Rs.14250/- as ticket amount to complainant and to pay Rs.50,000/- as compensation and Rs.10000/- as litigation expenses with interest @ 18% PA till its realization.
2. Upon notice, OPs have appeared through counsel and contested the complaint by taking preliminary objections that complaint is time barred.  As per consumer protection act the complaint has to be filed within two years from the date of cause of action, which is 14.09.2019 as per complaint filed by complainant and admittedly the case on 10.02.2022 i.e. much after the period of two years and that too without filing any application for condonation of delay and without mentioning any reason for delay in the complainant.  Detailed enquiry has already been conducted in the matter reported to the higher authorities regarding grievance of complainant.  After enquiry it was found that tickets of complainant and other passengers were booked vide PNR No.2264870484 and 264871042 for journey from ShAnandpur Sahib to Nander Sahib for dated 05.09.2019 and vide PNR No.4714885232 and 47114885 for journey from Nander Sahib to ShAnandpur Sahib for dated 14.9.2019.  Train No.22548 JCO 05.09.2019 was cancelled in PRS System but Train Number 22547 JCO 14.09.2019 from Nander Sahib to Anandpur Sahib was running normally.  Complainant demanded refund for tickets booked in Train No.22548 JCO 05.09.2019 on 03.09.2019 and as the said train was cancelled the full amount was refunded to complainant on 03.09.2019.  Since the return journey train was running normally so as per cancellation rules the PRS was deducting cancellation charges for return journey ticket but the complainant was demanding full refund for return journey tickets also.  Complainant was informed about the refund policy and cancellation charges by the duty staff and the staff has refunded many tickets on 03.09.2019 upto 14.09.2019 but the complainant was not ready to pay the cancellation charges and lastly complainant approached the railway counter on 14.09.2019 at 9:00 hrs to get the refund at that time system was showing nil refund because as per rules the confirmed ticket can be refunded upto to 4 hrs before schedule departure of the train and on dated 14.09.2019 complainant approached at 9:00 hrs and schedule time of train was 11:00 hrs i.e. 2 hours before the schedule departure, so system showed nil refund.If the complainant had agreed to pay the cancellation charges then there would have been no reason for refund of the amount by the on duty staff after deduction of cancellation charges as per rules but due to her own fault the refund of amount was lapsed and there was not any deficiency in service on the part of railway department.  On merits, other averments of complaint are denied and prayed for dismissal of complaint. 
3. In order to prove their respective versions, both the parties produced on the file their respective documents
4. We have heard learned the parties with their valuable assistance and have also gone through the record carefully.
5. During arguments, the contentions of learned counsel for parties are similar to the pleadings, so no need to reiterate the same.  The main controversy in the present complaint is whether the OP has deficient in providing service to complainant or not?  To solve this issue,  we have gone through Cancellation and Refund Rules for IRCTC Trains , in which Clause 5 of these Rules, the complainant more forced that the cancellation charges for cancellation of train are reproduced as under :-

5. Cancellation Charges for Full Cancellation of Train (from originating station to destination station)

In case of full cancellation of train from source to destination, automatic full refund of fare on confirmed e-tickets will be directly credited back to the account from which booking transaction tool place and online cancellation or filling of TDR is not required in such cases for use.

6. We have gone through this rule while facts and circumstances of the present case in hand are that tickets booked in Train No.22548 JCO 05.09.2019 on 03.09.2019 and as the said train was cancelled the full amount was refunded to complainant on 03.09.2019.
7. We have also examined Clause 6 of the Rules “Cancellation charges for Partial Cancellation of Train”, which is reproduced as under :-

6.Cancellation Charges for Partial Cancellation of Train

“In case of partial train cancellation, train diverted, train short terminated etc., TDR is required to be filled online up to Seventy Two Hours of the Scheduled Departure of the Train at Passenger’s Boarding Station.

As per Rule 6, it is duty of the complainant/consumer to apply TDR so required to be filed online up to 72 hours of the scheduled departure of the Train at passenger’s boarding station. Further copy of reserved ticket of train have a pivotal role to sole the controversy, whether complainant applied for cancellation before 72 hours of the scheduled departure of the train i.e. 14.09.2019 while complainant presented his ticket at 9.00 for cancellation on 14.09.2019before 2 hrs of departure of scheduled train. Therefore, there is no deficiency in service on the part of OPs.

8. In view of above discussion, the present complaint is dismissed with no order as to costs or compensation. Copies of the order be sent to the parties, as permissible, under the rules. File be indexed and consigned to record room.
9.  

Dated:24.03.2023

          (Ramesh Kumar Gupta)                  (Kuljit Singh)

            Member                                               President