M. P. STATE  CONSUMER  DISPUTES  REDRESSAL  COMMISSION,                         

                             PLOT NO.76, ARERA HILLS, BHOPAL

 

                                      FIRST APPEAL NO. 1082 OF 2017

(Arising out of order dated 17.05.2017 passed in C.C.No.23/2016 by District Commission, Indore )

 

SMT. KIRAN SHARMA,

W/O SHRI R. S. SHARMA,

R/O E-10, RADIO COLONY, RESIDENCY

AREA, INDORE (M.P.)                                                                                                 … APPELLANT.

 

Versus

 

1. SENIOR DIVISIONAL COMMERCIAL MANAGER,

    DRM OFFICE, WESTERN RAILWAY,

    RATLAM DIVISION, RATLAM (M.P.).

   

2. STATION MASTER,

    RAILWAY STATION, INDORE (M.P.)                                                                      … RESPONDENTS.

                               

                                 

BEFORE :

            HON’BLE SHRI JUSTICE SHANTANU S. KEMKAR   :  PRESIDENT

            HON’BLE DR. (MRS) MONIKA MALIK                         :  MEMBER

                     

COUNSEL FOR PARTIES :

                Shri Ajay Pandey, learned counsel for the appellant.

Shri H. S. Rajput, learned counsel for the respondents.                          

                

                                                  O R D E R

                                       (Passed on 11.08.2023)

                   The following order of the Commission was delivered by Dr.(Mrs) Monika Malik, Member:

 

                   This appeal by the complainant/appellant (hereinafter referred to as ‘appellant’) is directed against the order dated 17.05.2017 passed by the District Consumer Disputes Redressal Commission, Indore (for short ‘District Commission’) in C.C.No.23/2016 whereby the District Commission has dismissed the complaint filed by her.

 

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2.                Briefly put, facts of the case are that the appellant had got reservation done from the opposite party no.2/respondent no.2 for journey on 03.12.2015 from Indore to Howrah via Kshipra Express-train number 22911 and also for return journey from Howrah to Indore for 12.12.2015, through train number 22912. The appellant had obtained a waiting list ticket for 03.12.2015 after paying a sum of Rs.2,610/-.  On 12.12.2015, when the waiting list could not get cleared, the appellant approached the respondents for cancelling the ticket but the respondents did not cancel the said ticket as less than one hour was left for departure of the train. The appellant had suffered immense inconvenience owing to the aforesaid. Therefore, he had approached the District Commission, seeking relief.

3.                The respondents in their reply to the complaint stated that return journey ticket of the appellant was not confirmed. The appellant did not cancel the said ticket in prescribed time limit. Therefore, the complaint deserves to be dismissed.  

4.                Heard.  Perused the record.

5.                Learned counsel for the appellant argued that the District Commission has erroneously dismissed the complaint, quoting the provisions for ticket cancellation to be 4 hours prior to the departure of train whereas no such provision is actually there. Annexure ‘R-1’ produced by the respondents, on the basis of which the District Commission has dismissed

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the complaint only specifies the time duration as 30 minutes before scheduled departure of the train. He therefore argued that the impugned order deserves to be set-aside.

6.                Learned counsel for the respondents reiterated that the appellant did not approach the respondents within prescribed time limit. No evidence to show that she had actually approached the respondents seeking ticket cancellation has been produced by her. In the circumstances, the appeal deserves to be dismissed.

 7.               We find that the District Commission while passing the impugned order has referred to Annexure ‘R-1’ which is “Indian Railway Conference Association Coaching Tariff No.26” Part 1 (Volume I) and

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