Cancelling Passenger's Ticket Without Intimation Amounts To Deficiency In Service: Nagpur Consumer Forum Directs Railway To Pay 25K Compensation

The District Consumer Disputes Redressal Commission in Nagpur has awarded Rs. 25,000 compensation to a woman citing failure on part of the Railway authorities to inform her in advance about the cancellation of her journey ticket, on account of the reservation being made illegally by an outsider.

The Commission presided over by Atul D. Alsi as President and comprising Chandrika K. Bais and Subhash R. Ajane as Members said there was no allegation against the complainant-woman that she was involved in the crime relating to the fake ticket.

"For cancellation of ticket without giving intimation well in advance or fail to make alternative arrangement for the schedule journey by opposite party No.1 does amount to deficiency in service and for inconvenience and for mental torture suffered by complainant the opposite party No.1 is liable to pay compensation of Rs.25,000/- along with cost of litigation of Rs.10,000/-," it said.

As per the factual matrix of the case, the complainant herein had purchased online train tickets from Nagpur to Mumbai for the journey on 14th February 2020, and a return ticket for 16th February 2020, and had paid the necessary charges for the same on 2nd November 2019.

The complainant alleged that when she boarded the train on 14th February 2020, the TTE, while checking the tickets, refused to accept her ticket due to its lack of genuineness and asked her to pay fine and vacate the berth. Accordingly, the complainant was compelled to pay Rs.1115/- towards penalty and had to sleep on the floor for the entire journey. However, she was able to successfully complete the return journey from Mumbai to Nagpur with tickets that had been simultaneously booked on the same website. Hence, the complainant herein sought compensation for mental torture and sudden cancellation of tickets, by moving an application before the Divisional Railway Manager, Central Railway Nagpur (1st Opposite Party herein). It was averred that although the 1st Opposite Party replied to her application, he had not given any appropriate relief. 

The 1st Opposite Party submitted that Inspector General of Cyber Crime Mumbai had communicated a list of unauthorised train tickets on 10th February 2020, pursuant to which an offence to that effect had been registered at RFP Police Station, Nagpur on 11th February 2020. Subsequent to an investigation, raid was conducted in the shop of one Shankar Vittal Ninawe and it was revealed that the complainant had purchased the ticket from his IP Address. Ninawe also admitted to 14 tickets from the list having been purchased from the said IP Address, and hence, a complaint was registered by the RPF Police under Section 143 of the Railway Act, and the accused was arrested on 11th February 2020. It was further submitted that the said 14 tickets were blocked pursuant to a letter dated 12th February 2020 received from the inquiry officer. Hence, it was averred by the 1st Opposite Party that there was no negligence on its part, and that the complaint was liable to be dismissed. 

The Commission thus noted that although the list of unauthorised train tickets had been communicated by the Inspector General of Cyber Crime, Mumbai on 10th February 2020, and offence registered on the very next date at the RPF Police Station, Nagpur, the 1st Opposite Party still failed to communicate the message of cancellation of ticket prior to the commencement of the complainant's journey on 14th February. As a consequence, she could not make alternative arrangements to reach her destination.

The Commission thus ordered compensation. 

Case Title: R. Sridevi v. Divisional Railways Manager & Anr. 

Click Here To Read/Download The Order