GENERAL MANAGER NORTH EASTERN RAILWAY Vs. BAJRANGLAL JHUNJHUNWALA

JUDGEMENT

(1.) This appeal is directed against an order dated 15.11.1994 passed by District Forum, Samastipur in Complaint Case No.8/92. By the impugned order the District Forum held that the complainant was entitled to get Rs.1,313/- by way of refund of the railway fare.

(2.) One Bajranglal Jhunjhunwala in the capacity of the District Secretary of Akhil Bhartiya Grahak Panchayat filed a complaint before the District Forum; Samastipur on behalf of Sri P. K. Modi and 12 others against the officers of North Eastern Railway, Gorakhpur. The case of the complainant (respondent in this appeal) was that Sri P. K. Modi and 12 others had got reservation in 2548 DN train for going to Hawarah from Samastipur in connection with their business. They boarded the said train on 7.10.1990 at Samastipur at 4.30 p. m. The train reached Barauni Junction Railway Station at about 7 p. m. and remained detained there. At Barauni it was announced by the Railway Authorities that the said train may depart from the station after much delay and hence those passengers who were interested in not continuing their journey by the said train may take refund of their fare from ticket counter. Since Mr. P. K. Modi and his 12 companions were interested in continuing their journey, they remained sitting in the train. At about 1.30 a. m. in the night the train departed from Barauni and reached Rajendra Bridge Station where the train remained detained. Since the said station was quite lonely, they were gripped by fear. Seeing that the train was not departing they got down from the train, hired one Jeep for Rs.1,300/- and came back to Samastipur where they deposited their tickets with the Chief Ticket Collector who granted them receipt with regard thereto. The railway fare from Samastipur to Howarah as shown in the tickets was 101/- per ticket besides the reservation charge. Thus the total fare paid for 13 tickets was Rs.1,313/-. Sri P. K. Modi contacted Chief Commercial Superintendent, Gorakhpur several times by sending letters but there was neither any response nor there was refund of the railway fare paid by them. Under the circumstances, Sri P. K. Modi and his 12 companions authorised Sri Bajranglal Jhunjhunwala, District Secretary of Akhil Bhartiya Grahak Panchayat for filing complaint before the District Forum on their behalf. In the complaint petition the complainant not only claimed Rs.1,313/- as railway fare paid by Mr. Modi and his companions but also claimed the fare of the Jeep paid by them together with compensation and interest. In all the claim was for Rs.69,248/-.

(3.) A joint written statement was filed on behalf of the opposite parties 1 to 3. A separate written statement in the form of a petition was filed on behalf of the General Manager, N. E. Railway, Gorakhpur (opposite party No.4 ). The General Manager (opposite party No.4) adopted the written statement filed on behalf of opposite party Nos.1 and 3 by stating so in para-7 of his petition. The case of the opposite parties (appellants in this appeal) was that the case was not maintainable and the District Forum has got no jurisdiction to entertain a case regarding refund of railway fare. The complainant should have filed such case before the Railway Claims Tribunal. Further case of the opposite parties was that the complainant has not disclosed the names of the persons who had travelled on 7.10,1990 by the said train. Due to anti-reservation agitation by the public in Bihar movement of the trains of N. E. Railway and Eastern Railway on 7.10.1990 had been totally paralysed and the agitationists had even set fire to the western cabin of Barauni Junction Railway Station. Under the circumstances, the further movement of the said train as per time schedule had become impossible and under the circumstances the Railway Authorities decided to refund the train fare of the passengers travelling by the said train and accordingly the Railway Authorities announced at Barauni Junction Railway Station calling upon the passengers who were willing to take refund of railway fare to take refund of the same after surrendering their travelling tickets. Inspite of that Sri P. K. Modi and his companions did not take refund by surrendering their tickets at Barauni Railway Station for the reasons best known to them and for such conduct on their part the Railway Administration cannot be held responsible. The Railway Administration is not liable to pay the fare of the Jeep alleged to have been paid by Mr. Modi and his companions. Since opportunity had been provided to Mr. Modi and his companions at Barauni Railway Station to take refund of their fare and since they had not availed that opportunity for taking refund, they are no longer entitled to get refund and that being so the question of damages/ compensation does not arise. The cause of action, if any, arose for the complainant at Barauni Junction Railway Station which is under Sonepur Division of N. E. Railway and hence the case at Samastipur is not maintainable. Apart from that the case of the complainant was barred by limitation. Since the train had been detained for considerable time due to reasons beyond the control of the Railway Administration, the Railway Administration cannot be made responsible to pay damages for the inconvenience caused to the travelling passengers. According to opposite parties there was no merit in the complaint case. On the allegations aforesaid, the opposite parties had prayed for dismissal of the complaint case.