Sri Shyamal Gupta, Member

Aggrieved with the order of Ld. DCDRC, Kolkata—I (North) in CC/122/2017 dated 19.04.2018 this Appeal is moved by the Appellant/OP.

The fact of the Complaint Case in brief is that due to urgent need of business, Complainant along with two other co-passengers purchased one ticket being no. 06998540 dated 09.08.2016 under PNR No. 06998540 for travelling from Howrah to Yeshwantpur through train no. 12245 by making payment of Rs. 3,990/- (Rupees Three Thousand Nine Hundred and Ninety only). At the time of issuing the aforesaid ticket it was issued as wait listed and at the time of date of journey of the said ticket was shown as waited list 4, 5 and 6. After coming to know the status of the ticket, the complainant rushed to ticket counter for refund of the amount but the person in the ticket counter refused to arrange for refund of the said amount as the said ticket was issued under TATKAL basis. The complainant thereafter contacted with Chief Commercial Manager, Eastern Railway, but he did not pay any heed. Subsequently complainant sent letters asking for the refund of money of the said ticket but no action was taken for which the complainant filed this case and prayed for direction against the O.Ps to refund the amount of Rs. 3,990/-.

After hearing both sides Ld. DCDRC allowed the case with a direction to refund the amount of Rs.3,990/-.

Being aggrieved with the order dated 19.04.2018, the Appellant/OP filed the instant case.

Peculiar enough the Complainant/Respondent did not turn up here and the case runs ex parte here.

Now the observation of Ld. DCDRC in the said Complaint Case is as follows:-

“But on the perusal of the Rules it appears that the Complainant will be entitled to get the amount paid by him after deduction of necessary charges but nowhere in the Railway Rules itself it was mentioned that the amount cannot be refunded.”

Ld. Advocate of the Appellant on this aspect submits that:-

In terms of rule 9(2) read with rule 7 of Railway Passengers (Cancellation of ticket and refund of fare) Rules, 2015 when a waitlisted ticket is presented for cancellation and for refund of fare, such refund shall be made after deduction of clearage charge if the ticket is presented for cancellation upto 30 minutes before scheduled departure of train, irrespective of distance. Rule 7 (3) of the aforesaid rules stipulates that no refund shall be granted on waitlisted ticket after 30 minutes before the scheduled departure of the train.

Apart from that Railway records show that after preparation of final chart, SMS alert in respect of the status of the ticket held by the complainant was sent to the his given mobile number 9883453161 at 19:50 hours on 09.08.2016 and thus the complainant became aware of his waiting list position after final preparation of the reservation chart of train no. 12245 of 10.08.2016. The scheduled departure of the subject train is 10:55 hours. Since SMS alert was sent the complainant on his given mobile number, much before the scheduled departure time of the train, he got ample scope to get the ticket cancelled as well to get refund from the Railway’s counters upto 30 minutes before scheduled departure of train, in pursuance of the aforesaid rules. But he did not do so and deposited the ticket in the South Eastern Railway’s Computerized Railway Reservation Office at 14:48 hours on 10.08.2016 under Ticket Deposited Receipt.

Considering the entire panorama, I think non-payment of refund amount is justified in view of the said Rules.

Thus the instant Appeal is allowed and the order dated 19.04.2018 is hereby set aside.