N.K. Singla vs NORTHERN RAILWAY

THIS appeal has been directed by the complainant against order dated 26.2.2007 passed by Consumer Disputes Redressal Forum-I, U.T. Chandigarh (hereinafter to be referred as District Consumer Forum), whereby his complaint was dismissed with no order as to costs.

BRIEFLY stated the facts are that appellant (complainant) booked a circular tour ticket No. 53672 from city booking office, Chandigarh- OP No. 3 on 19.1.2006 for four adults by means of berth in Second AC. The journey was to commence on 24.2.2006. However, 12 days before the commencement of journey, the appellant got the tickets cancelled on 11.2.2006 but reservation Officer made deduction of Rs. 2,200 considering it to be 10 different journeys whereas the Rule clearly stipulated that the cancellation charges would be levied only once on a CTT and not separately for every lap of journey and in this way, total deduction would have been Rs. 240 @ Rs. 60 per adult. Alleging deficiency in service, the complaint was filed and claimed a sum of Rs. 1,960 towards excess cancellation charges, Rs. 300 towards costs of telephone etc. besides Rs. 2,200 towards cost of legal notice, Rs. 5,000 as litigation expenses and further claimed Rs. 50,000 for damages and mental harassment.

Opposite parties contested the complaint and filed reply. They stated that there was neither any deficiency in service, nor, unfair trade practice on their part. They further stated that as per Rule 213.3 of IRCA Coaching Tariff No. 24 Part-I (Volume-1), reservation charges were not refundable. They further stated that Rs. 1,320 were reservation charges and rest of the amount was cancellation charges and the reservation charges were deducted by the computer and the cancellation charges were recovered manually. They next stated that the appellant had misinterpreted the rule only for the purpose to grab money from the public sector department like railways and as such the complaint should be dismissed.

AFTER hearing Counsel for the parties, District Consumer Forum held that there was no merit in the complaint and accordingly it was dismissed. Aggrieved by the said order, complainant has filed the present appeal.

WE have heard Counsel for appellant Mr. Sandeep Khungar, Mr. N.K. Zakhmi, Advocate for respondents and carefully gone through the file. Counsel for appellant contended that the Reservation Officer had wrongly made deduction of Rs. 2,200 considering it to be 10 different journeys whereas the rule clearly stipulated that the cancellation charges would be levied only once on a CTT and not separately for every lap of journey and in this way total deduction which was required to be made @ Rs. 60 was 60X4= Rs. 240. Counsel for appellant has produced on file ''refund rules'' of Indian Railways which he downloaded from the internet. There is no dispute about it that cancellation charges for second class ticket is Rs. 60 and since four persons were involved in a CTT ticket, so, prima facie Rs. 240 would have been deducted as cancellation charges if a ticket is presented for cancellation more than 24 hours before the scheduled departure of the train. It has been further stated under the heading ''cancellation charges'' at page -2 of the rules as under : "Cancellation charges on multiple journey tickets : With effect from 1st March, 2000, when an unused ticket involving more than one journey is surrendered for cancellation, the entire ticket shall be treated as one single journey ticket and refund of fare of entire ticket shall be granted as per Rules (1) and (2) above, according to the reservation status of the first lap of journey, i.e. if reservation status of first lap of journey is confirmed, refund shall be granted in accordance with the Rules (1) and (2) above and if the reservation status of first lap of journey is RAC/waitlist, refund shall be granted in accordance with the Rules (1A) and (2A) above. The cancellation charges or clerkage charge as the case may be , shall be levied only once on the entire amount of the ticket, irrespective of the reservation status of different laps of journey, and not separately for each lap of journey. "

Therefore, according to the said Rule, the cancellation charges or clerkage charge as the case may be, shall be levied only once on the entire amount of the ticket, irrespective of the reservation status of different laps of journey, and not separately for each lap of journey. Therefore, cancellation charges shall not be levied by considering it to be 10 separate journeys but it shall be considered as one journey and not separate for each lap of journey.

THE letter Annexure C-3 dated 27.3.2006 issued by Headquarters Office bearing No. 11CT/AGM-UMB-10/06 also confirms the fact that cancellation charges are recoverable by the system on old rates supplemented with difference of revised charges done manually as due to revision in cancellation charges with effect from 25.12.2005 in terms of instructions issued by the railways which were applicable on the day of refund claimed by the complainant had not been modified in the computerized passenger system. Later on, in the written reply respondents stated that this letter was wrongly issued.

THE Counsel for respondents brought to our notice Rule 213.3 where it is stated that reservation fee was not to be refunded. However, it is subject to exception which was provided in Rule that reservation fee shall not be refunded but the railways had amended the Rule with effect from 1.3.2000 for the purpose of levying cancellation charges on multiple journey tickets and it is to be levied only once and not separately for each lap of journey. THErefore, when both these Rules are read together, then only cancellation charges are to be recovered once and not one each lap of journey. Hence, we hold that only Rs. 240 are to be charged as cancellation charges @ Rs. 60 per person and the amount of Rs. 2,200 had been wrongly deducted. Thus, appeal is accepted with costs of Rs. 500 and respondents are directed to refund Rs. 1,960 which they had recovered in excess along with interest @ 6% p.a. from the date of cancellation and further to pay Rs. 1,000 for mental pain and harassment besides Rs. 500 as litigation expenses.

Copies of this order be communicated to the parties, free of charge. Appeal allowed.