Delhi

New Delhi

CC/1143/2012

Praduman Kumar Aggarwal - Complainant(s)

Versus

M/S. Northern Railway - Opp.Party(s)

26 Jul 2022

ORDER

CONSUMER DISPUTES REDRESSAL COMMISSION-VI

(NEW DELHI), ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN,

I.P.ESTATE, NEW DELHI-110002.

Case No.CC. 1143/2012                                     

                  In the matter of:

 

           SH. PRADUMAN AGGARWAL

            S/O LATE SH. RAM PRAKASH AGGARWAL

  R/O 124, POCKET 1,

  JASOLA VIHAR

  NEW DELHI-110025                       ……………….COMPLAINANT

 

Versus

            NORTHERN RAILWAY

           THROUGH ITS GENERAL MANAGER

            BARODA HOUSE

            NEW DELHI       

                                                                              ……..OPPOSITE PARTY

QUORUM:

MS. POONAMCHAUDHRY, PRESIDENT

          SHRI BARIQ AHMAD, MEMBER

          MS. ADARSH NAIN, MEMBER

                                                                                                                                       Date of Institution:23.11.2012                                                                                                                                                                                Date of Order: 26.07.2022

O R D E R

POONAM CHAUDHRY PRESIDENT

1. The present complaint filed under Section 12 of the Consumer Protection Act, 1986 for deficiency of service. Briefly stated the facts of the case are that the complainant booked the return ticket for four persons i.e. himeself, his mother, wife and daughter vide PNR no.834-328743 from Dwarka , Gujarat to New Delhi in Train no.9265 for 18.06.2010 by IInd AC class and paid a sum of Rs.5261/- (Rupee Five Thousand Two Hundred Sixty One). It is further averred that the said tickets were waitlisted ticket. It is further stated that Since, the said ticket was not confirmed, the complainant  had to purchase a ticket from Dwarka to New Delhi by ordinary class in train No. 9265 on 18.06.2010.
2. It is further alleged that since the tickest for 18.06.2010 was not confirmed on 17.06.2010, the complainant went at Dwarka (Gujarat) Railway Station and he was told at the counter that his ticket has not been confirmed and he can deposit the same at Delhi for claiming the refund within a period of 30 days from the date of departure of the train.
3. It is further stated that after arrival at Delhi, the complainant submitted the original ticket on 24.06.2010 and the OP issued a Ticket Deposit Receipt (in short TDR) No.118577 and told the complainant that the refund cheque will be sent in due course.
4. It is further alleged that the instead of sending the refund, the OP vide letter dated 25.11.2010 informed the complainant that as per rules, the claim of refund was regretted on account of the fact that the said ticket was not surrendered within 3/6/12 hours after departure of the train. It is alleged that the refusal made by the opposite party amounted to unfair trade practice and deficiency of services. It is prayed  that  OP be directed to refund Rs. 5,261/- (Rupees Five Thousand Two Hundred Sixty One) with an interest @ 15% p.a. from the date of deposit till date of realization, Rs. 20,000/- (Rupees Twenty Thousand) as compensation for mental agony, inconvenience and hardship caused and cost of litigation.
5. OP contested the case reply was filed taking preliminary objections that the complainant had supressed material facts. It was also stated the complaint was liable to be dismissed as not maintainable in view of the Sections 13 and 14 of Railway claims Tribunal Act which bars claim regarding refund fare by any other Court.
6. On merits it was denied that the Complainants were given commitment to refund the fare against the ticket in question. It was submitted that the ticket was surrendered after the expiry of prescribed time limit, hence the refund was rightly repudiated in accordance with IRCA Coaching Tariff Rules and the complainant was duly intimated. It was further submitted the mere issuance of TDR does not guarantee refund of Fare. Thus there is no deficiency in service on the part of Railway and complainant had not suffered any mental torture and was not entitled to any relief as demanded.  It was prayed that the present complaint be dismissed.  
7. Complainant did not file any rejoinder, but adduced his evidence by affidavit. In his affidavit, the complainant reiterated the contents of the complaint and in support of his contentions, relied upon the copies ofTDR (Ticket Deposit receipt) issued by OP, copy of letter by OP denying the refund and copy of TDR rules.
8. OP also filed evidence by affidavit reiterating therein the averments made in written statement/reply.
9. We have heard the learned counsel for parties and perused the record.
10. The OP has resisted the complaint on the ground that the dispute being in the nature of Railway claim, the consumer forum does not have jurisdiction to entertain and adjudicate the present complaint in view of the Section 13 and 14 of Railway Claims Tribunal Act. We are of the considered view that this plea deserves to be dismissed in view of Section 3 of the Consumer Protection Act,1986 which provides for an additional remedy which could be availed of by any consumer.
11.  The question for consideration is whether the Complainant was entitled to refund. Complainant alleged that TDR was filed within 30 days of departure of train.  It was also alleged that as per TDR rules the OP was to give refund within 30 days of departure of the train. A copy of said TDR rules has been filed by complainant. It is to be noted OP did not file any documents or rules in support of its contention that as the ticket was surrendered after the expiry of prescribed time limit, refund was refused in accordance with IRCA Coaching Tariff Rules.
12. We have gone through the TDR rules referred and relied upon by the complainant. It is clearly states them refund will be processed as per the Extant Railway Rules and the TDR should be filed within 30 days of departure of the train. Copy of TDR shows it was submitted to OP on 24.06.2022 i.e. after 6 days of departure of train/date of Journey.
13. In view of above, we are of view that complaint is entitled to refund of sum of Rs.. 5,261/- (Rupees Five Thousand Two Hundred Sixty One) with interest @ to be made within 30 days of receipts/service of the order. In case payment is not made within 30 days of the service of order, OP will be liable to pay interest @ 12% per annum till realization. No order as to cost.

     A copy of the order be supplied to all parties free of cost.

The order be uploaded on the website of this Commission.

File be consigned to record room.

 

 

 

POONAM CHAUDHRY

                                                                                                  PRESIDENT

                                  BARIQ AHMAD                                                        ADARSH NAIN

                                    MEMBER                                                                       MEMBER