IMPORTANT POINT
Railways has to refund price of unused ticket even after journey.

Mrs. Rekha Gupta, Member —This Revision Petition is against the order dated 28th June 2012 of the Assam State Consumer Disputes Redressal Commission, Guwahati (in short, ‘the State Commission’) in First Appeal No. 45 of 2010.

2. The petitioner/complainant stated that he had got two tickets cancelled at Guwahati Railway Station which were purchased in October 2002 and September 2004 on the basis of Central Credit Card issued by the Central Bank of India. In both the cases he applied for refund of value of the cancelled tickets to the respondents within 90 days on 09.01.2003 and 03.01.2005 respectively complying with all the formalities of guidelines to a passenger and as per credit card rules framed by the N F Railway in consultation with the Bank and followed by other Zonal Railway of Indian Railways. The complaint before the District Consumer Disputes Redressal Forum, Kamrup at Guwahati (in short, ‘the District Forum’) was instituted to get the refund of the second cancelled ticket purchased in September 2004.

3. That on 28.04.2004 he had got a letter from the respondent after a lapse of more than a year, to produce the “Original Charge Slip” (no such charge slip granted to the passenger). This relates to ticket purchased in October 2002. The respondent was reminded to look into their Rules and that it was neither necessary as per Rules nor the was passenger advised at any stage to maintain such documents for refund. There after the respondent maintained stoic silence in spite of further reminders.

4. That the petitioner filed complaint before the District Forum, Kamrup in respect of the first cancelled ticket (purchased in October 2002) on 03.05.2005 lest the claim be time barred (case no. 56/ 2005 – N K Das v. Chief Commercial Manager, N F Railways and Others).

5. That as soon as the notice of the complaint (case no. 56 of 2005) served on the respondents, the Chief Commercial Manager, N E Railway made refund post haste without formality of so called ‘Charge Slip’. But the second case of pending refund was not attended to till then.

6. That in response to two notices of opposite parties without haranguing on requirements to be fulfilled, the petitioner sent a very polite and decent reply that he had lost track of the document asked for and that the refund on the second pending case may kindly be made as in the 1st case. The reply was sent on 05.12.2005 by registered post. From the 05.12.2005 to this date, petitioner got no response and refund from the respondents though the judgment in the first case was delivered on 04.04.2006 which went adverse against the respondents.

7. The respondent admitted that:

The complainant purchased the ticket on the strength of Credit Card for his journey on 13.10.2004. Subsequently, the complainant cancelled his journey and surrendered the ticket on 14.10.2004.

The first case was settled without original charge slip under tariff rule on merit of said case as the ticket was cancelled before the date of commencement of journey. The settlement of the present case under beyond tariff rule is at the discretion of the railway authorities. It is further stated that in the instant case, the date of journey was 13.10.2004 and the complainant cancelled the journey and surrendered the ticket on 14.10.2004 at 06.15 hours, which is after expiry of time limit for granting refund. Moreover, the original charge slip was required in case of granting refund of far as per Railway Rules.

The merit of the case is different from the pending case as in the first case, the complainant surrendered his journey ticket before scheduled commencement of the journey but in the instant case, the complainant surrendered the ticket after expiry of time limit for granting refund of fare.

The refund of fare is not admissible on the plea that the complainant surrendered his journey ticket after expiry of time limit as well as non-submission of vital documents such as Original Charge Slip (Card holder’s copy). The complainan