The complainants were entitled to a refund of the cancellation charges for their train tickets due to the cancellation of trains caused by floods, based on the information provided by the railway and media.

ORDER

Syed Abdullah, Member - 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 train bearing 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 Bibinagar but not on Secunderabad and 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.

4. The complainant filed a rejoinder denying the assertions of the Railways that there was no cancellation of train No. 2764/2763 on the schedule date.

5. During the inquiry the complainant along with evidence affidavit filed Exs. A1 to A7. which are the cancellation tickets, Ex. A5 the legal notice, Exs. A-6 and A7 are the paper clippings in which it is noted about the cancellation of trains.

6. The respondents/OPs have filed Ex. B1 refund rules as to when complete refund fare is to be allowed.

7. After going through the evidence on record and on considering Ex. B1 rules the District Forum held that the Railways was justified in collecting cancellation charges as per refund rules and thereby dismissed the complaint.

Point for consideration is whether the impugned order is sustainable.

8. The undisputed fact that the complainants have purchased four tickets for to and fro journey on 3.11.2005 and 5.11.2005 to proceed from Secunderabad to Tirupati and vice-versa and that due to floods at Nalgonda route on 3.11.2005 a number of trains in South Central Railway were cancelled by giving information through press and electronic media. Ex. A6 is the clipping of the notification given by the Railways with regard to cancellation of various trains in their route of Kazipet and Nalgodna. Subsequent to 30.10.2005 which was on account of flood havoc at Veligonda railway station where a good number of passengers proceeding by passenger train have lost their lives. The respondents/OPs have not produced its official notification to show that which trains were running and which trains were cancelled more particularly with regard 2764/2763 i.e. Padmavathi Express on the relevant dates. When the cancellation of the train was announced by South Central Railway itself, th