Delhi

New Delhi

CC/165/2018

MMN Saxena - Complainant(s)

Versus

Chairman Railway Board - Opp.Party(s)

20 Nov 2019

ORDER

 

 

                                                  CONSUMER DISPUTES REDRESSAL FORUM-V  (DISTT. NEW DELHI),

                                                             ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

                                                                                                  NEW DELHI-110002.

          

Case No.CC.165/2018                                Dated:

In the matter of:

MMN Saxena,

A-36, Chattarpur Extn.,

(PS Mehrauli)

New Delhi-110074.                                                                                       ..COMPLAINANT

VERSUS

1.     Chairman,

Railway Board,

Rail Bhawan, Raisinha Road,

New Delhi-01.

 

2.    Chairman and MD,

IRCTC (Indian Railways Catering and Tourism Corporation),

B-148, 11^th Floor, Statesman House,

Barakhamba Road,

            New Delhi-110001.

                      ...OPPOSITE PARTIES.

 

 

NIPUR CHANDNA, MEMBER

 

O R D E R

 

 

The complainant has filed the present complaint against the O.P. under section 12 of Consumer Protection Act, 1986. The facts as alleged in the complaint are that the complainant e-ticket bearing PNR No.8200921608 for travelling from Agra to Hazrat Nizzamudin by train No.12192 Jabalpur Express with scheduled departure from Agra on 7^th January, 2018 at 7.35 hrs. and paid a sum of Rs.295/-.  On 6.1.2018, at 8.56 p.m., the complainant received an sms from IRCTC “12192-JBP-NDLS?SCH DEP 17.30EX JBP on 01/01/18 RE SCH DEP AT  03.30 HRS ON 07/01/2018 i.e. 10.00HRS LATE” on his mobile.  After knowing that the train was late for 10 hours, the complainant got  cancelled his ticket at 14.28 hours on 06/01/2018 i.e. well before the departure of the train.  Against this cancellation, IRCTC  refunded only Rs.55/- against the payment of Rs.295/-.  The complainant is entitled for full refund as the train was late more than 3 hours.  The complainant posted his grievance for non-refund of full amount to CPGRAMS on 29.1.2018 and 2.2.2018 but all in vain.  The complainant sent legal notice to the OP and again sent reminder  dt. 21.3.2018 to the OP and finally on 24.4.2018, the complainant received the balance payment. It is alleged by the complainant that the train was cancelled in the month of January 2018 and he received the refund in the April 2018, and  is entitled for compensation and litigation cost, hence complainant  approach this Forum for redressal of his grievance.

 

2.     Notice of the complaint was sent to the OP but  none appeared on behalf of OP, therefore, it  was ordered to be proceeded with Ex-parte on 17.12.2018.  

3.     Complainant has filed her evidence by way of affidavit wherein he has corroborated the contents of its complaint.

 

4.     We have heard argument advance at the Bar and have perused the record.

 

5.     Complainant has placed on record the copy of ticket issued by the OP, copy of the complaints and copy of the circular of refund rules along with its annexures in support of his case.

 

6.     From the un-rebutted testimony of the complaint and documents placed on record, we are convinced that the story put forth by the complainant is true. 

 

7.     Bare perusal of the complaint proves that the OP had negligently dealt with the grievance of the complainant and refunded the ticket amount to him after a long period causing mental harassment to him..  Non-refunding the sum of Rs.295/- within the statutory period  to the complainant by OP  amounts to deficiency in services.

 

8.     We, therefore, hold the OP guilty of deficiency in service and direct it as under:

Pay to the complainant a sum of Rs.100/-/- as compensation towards harassment, mental agony and pain which will also include the cost of litigation.

 

The order shall be complied within 30 days of the receipt of the copy of the order. If the said amount is not paid by the OP within a period of one month from the date of receipt of this order, the same shall be recovered by the complainant along with simple interest at the rate of 10% per annum from the date of this order till recovery of the said amount. A copy each of this order each be sent to both parties free of cost by post. Orders be also sent to www.confonet.nic.in. File be consigned to record room.

Pronounced in open Forum on 20/11/2019.

 

 

(ARUN KUMAR ARYA)

PRESIDENT

               (NIPUR CHANDNA)                                           (H M VYAS)

                    MEMBER                                                         MEMBER