Last-Minute Station Stoppage Change, Failure To Refund, Chandigarh District Commission Holds IRCTC, Indian Railways Liable
The District Consumer Disputes Redressal Commission-II, U.T. Chandigarh bench of Shri Pawanjit Singh (President) and Shri Suresh Kumar Sardana (Member) held IRCTC and Indian Railways liable for notifying a last-minute change that the train would not stop at the Complainants' designated stop. Further, the authorities failed to refund the ticket price to the...
The District Consumer Disputes Redressal Commission-II, U.T. Chandigarh bench of Shri Pawanjit Singh (President) and Shri Suresh Kumar Sardana (Member) held IRCTC and Indian Railways liable for notifying a last-minute change that the train would not stop at the Complainants' designated stop. Further, the authorities failed to refund the ticket price to the Complainants.
Brief Facts:
The Complainants booked two railway tickets through the Indian Railway Catering and Tourism Corporation (IRCTC) for a journey from Gurgaon to Chandigarh. The payment of ₹477.70/- was made by the Complainants. On the day of the journey, while at the boarding station, the Complainants received a message on their registered mobile phone indicating that due to technical reasons, the train would not stop at Gurgaon. Consequently, the Complainants had to cancel their train travel plans and opted to take a bus to Chandigarh on the same day. A week later, the Complainants emailed IRCTC requesting a refund for the ticket. They were informed that the refund could not be processed because the application was not made within 72 hours at the boarding station. Being senior citizens, the Complainants found it impractical to apply for a refund at the boarding station. They had to travel by bus to Chandigarh following the message from IRCTC. Feeling aggrieved, the Complainants filed a consumer complaint in the District Consumer Disputes Redressal Commission-II, U.T. Chandigarh (“District Commission”) against IRCTC and Indian Railways.
In response, IRCTC contended that it only provides access to the Railway Passenger Reservation System (PRS) through its server and website. Once the ticket is issued and the fare is transferred to the railway, it claimed that it has no further involvement. It argued that it was not responsible for train diversions which were managed by Indian Railways.
Indian Railways argued that it was not involved in the issues raised in the complaint, as the complaint was solely against IRCTC.
Observations by the District Commission:
The District Commission noted that IRCTC and Indian Railways didn't dispute that the train failed to stop at Gurgaon and that a notification was sent to the Complainants regarding this change. Further, the District Commission noted that this resulted in the Complainants having to undertake their journey by bus which led to significant mental distress and physical inconvenience.
Therefore, the District Commission held IRCTC and Indian Railways liable for deficiency in service. Consequently, the District Commission directed IRCTC and Indian Railways to refund Rs. 477.70/- to the Complainants with interest at 9% per annum from 13.12.2022 until the payment is made. Additionally, IRCTC and Indian Railways were ordered to pay Rs. 10,000/- as compensation for mental agony, harassment, and litigation costs to the Complainants.
Case Title: Bhartendu Sood and Anr. vs Indian Railway Catering and Tourism Corporation and Anr.
Case No.: C.C. No. 148 of 2023
Advocate for the Complainant: Complainant in person
Advocate for the IRCTC: Shri Saksham Arora
Advocate for the Railway Station Manager, Chandigarh, Indian Railways: Shri Paramjit Singh Rana
Date of Pronouncement: 10/07/2024