KAUSTABH Vs. SOUTH CENTRAL RAILWAY

JUDGEMENT

(1.) THIS appeal is the outcome of the dismissal of the complaint in CD 412 /2006 by the District Forum III, Hyderabad in respect of the reliefs seeking refund of reservation charges of tickets of the complainants.

(2.) THE facts of the case are that the complainants have purchased railway tickets for trainbearing No. 2764 (Padmavathi Express) for their journey from Secunderabad to Tirupathi on 3.11.2005 and also for a return journey on 5.11.2005. Before the journey, the complainants came to know from media that due to floods the Railway track was damaged and that trains passing through the said track were not proceeding to the destination. So the complainants have surrendered their tickets and sought for cancellation of the reservation of their berths. A sum of Rs. 202 was charged towards cancellation fees and also for return ticket at Rs. 30 per ticket. On account of cancellation of trains, the entire programme of the complainants was frustrated. Deduction of charges for the cancellation of tickets by the Railways amounts to deficiency in service. The complainants got issued a legal notice dated 5.1.2006 which served on the OPs but failed to get response. Hence direction is sought against the OP to refund cancellation amount of Rs. 332 and also a compensation of Rs. 10,000 for the inconvenience caused to the complainants.

(3.) OP in its version has stated that running of trains were diverted temporarily via. Nalgonda, Nadikudi and Bibinagar route as the railway bridge had been washed away due to floods. The route on which the tickets purchased by the complainants was normal and there is no deviation of trains whatsoever. The track was damaged at Veligonda and BibinagarbutnotonSecunderabadand Kazipet route for which train 2763/2764 runs. The complainants cancelled their tickets to which they booked for their journey, though the train service was not affected in that route and it was running normally. So when the cancellation was done it is proper for deducting the cancellation charges from the ticket fare. When there is no cancellation of train in that route it cannot be said that there is deficiency in service and hence not for entitlement of refund or damages.