MANEKLAL AGARWAL Vs. GENREAL MANAGER

JUDGEMENT

(1.) The complainant is the appellant. He filed the complaint seeking direction to the opposite parties to refund the fare of train tickets amount of Rs.2,700/- with interest @ 24% per annum and Rs.5,000/- towards incidental charges.

(2.) The complainant purchased eight tickets on 16.1.2007 from the opposite parties no.1 and 2 for his family members to travel in sleeper class from Alahabad Junction to New Delhi. The ticket nos. are 11508809, and 11508810. The reservation on the said tickets was said to have been confirmed. The tickets were said to have been lost and the loss of the tickets was stated to have been reported to the station master at Allahabad Junction who suggested the complainant to contact the TTE on duty in the train. The complainant along with his family members boarded the train no.2417 at Allahabad Junction on 30.1.2007 and informed the TTE who had charged him an excess fare of Rs.2,574/- in lieu of the amount mentioned in the ticket nos.182622, 182623 and 182624. The names of the passengers and other details are said to have been mentioned in the chart. The concession for three senior citizens said to have been not allowed. The complainant claimed for refund of the excess fare plus Rs.126/-, a total amount of Rs.2,700/- by his letter dated 5.2.2007 and 27.2.2007. The opposite parties gave reply on 26.2.2007 requesting the complainant to send the original tickets for the purpose of verification and arranging for refund of amount, if any. The complainant had sent photo copy of the tickets. The opposite parties denied to refund the amount. The complainant got issued legal notice through his advocate which was served on 12.4.2007 on the opposite parties claiming a total amount of Rs.88,700/- of which Rs.80,000/- towards compensation for mental agony and harassment.

(3.) The opposite parties resisted the claim contending that the charging of Rs.2,574/- by the TTE on duty at Allahabad was in accordance with law as the complainant was found on board the train no.2417 on 30.1.2007 at Alahabad Junction without ticket. The complainant was aware that he lost the tickets before boarding the train and in such eventuality the complainant had to follow the procedure prescribed by the law for obtaining a duplicate ticket. No refund is permissible on lost tickets. The person will be allowed to travel on the reservation made, after paying the prescribed charges for issue of duplicate ticket. Charges for the issue of the duplicate ticket before the preparation of reservation chart are 50% of total fare in case of loss confirmed/RAC tickets, 25% of the total fare in case of mutilated reserved/RAC tickets. No duplicate tickets will be issued in the case of persons who are in the waiting list or those in the category of waiting list relating to cost or mutilated tickets. If lost/misplaced tickets are traced and presented along with the duplicate ticket before departure of the train, refund of amount paid for the duplicate ticket is made subject to deduction of 5% of the total amount. These rules are published in time table. The complainant had not furnished the details of the time of loss of ticket, claim stated to have been lodged with the railway authorities and the names of the officials whom he has said to have contacted. The complainant was careless enough in not obtaining a duplicate ticket before getting into the train. The opposite parties requested the complainant to submit original tickets/excess fare ticket was only for verification and arrangement for refund of the amount if any, in accordance with the rules. The complainant had taken more care to preserve the Photostat copies of the tickets than the original ticket. The letter dated 22.2.2007 cited by the complainant was not issued by the opposite parties no.1 and 2. Hence prayed to dismiss the complaint. The complainant has filed his affidavit and the documents Exs.A1 to A20.