BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE. (ADDL. BENCH)

DATED THIS THE 4^th DAY OF MARCH 2022

PRESENT

SRI RAVI SHANKAR – JUDICIAL MEMBER

SMT. SUNITA C.BAGEWADI - MEMBER

APPEAL NO. 490/2017

Senior Divisional Commercial Manager,

South Western Railway,

Bengaluru Division, Bengaluru.

(By Sri. S.R.Khamroz Khan, Adv.,)

……….Appellants.

                                          -Versus-
Devdut Mazumdar

Green Avenue Apartment,

Flat No.303, 3^rd Floor, H.No.1/28/3,

St. Anthony Road, Mariyannapalya,

Near St.James church, Bangalore-560 024.

(Party in person)

……….Respondents

: O R D E R :

BY SMT. SUNITA C.BAGEWADI - MEMBER

This appeal is filed by the appellant/Opposite Party being aggrieved by the order dated:24.08.2016 passed by Bangalore Urban II Additional District Consumer Commission in C.C.No.1528/2014.

2.       The brief facts of the complaint are as under:-

On 27^th August 2013 the complainant reserved accommodation in 2A class by train No.12245 HOWRAH to YESHAVANTHAPUR Duranto Express for five passengers for journey on 26^th October 2013 from Howrah Railway station to Yeshwanthpur Railway Station vide PNR No.6522678307.  The train was scheduled to depart from Howrah station at 11.15 am on 26.10.2013.  An email was generated by IRCTC confirming the reservation.  On 26.10.2013 while all five passengers were getting ready for the station we though for call Railway enquiry regarding the train and came to know that the train is cancelled due to heavy downpour and flood at Odissa.  While asking for any alternative accommodation through any alternative route, inability was expressed and asked me to search through Railway Reservation channels.  On asking about the refund of e-ticket amount, the person replied that the e-ticket will be cancelled automatically and the refund will be affected in the account through which the ticket was booked.  But no SMS was sent by Railway authorities or IRCTC regarding the cancellation of train.  After hearing the news, they were shocked as out of five passengers, four passengers had to join duty place on 28.10.2013.  It is further contended that after waiting two months, the complainant wrote a letter asking refund as he was not get any refund as stated, but the Divisional Commercial Manager, who deals the matter of refund informed through their letter that no refund can be done as no request of refund was made within 3 days of departure of the train.  Therefore, without any alternative, he filed the complaint.   

3.       After service of notice, the Opposite Party appeared and admitted booking of the tickets by the complainant and contended that the complainant should have cancelled the ticket through online as he had reserved the ticket through online.  There is no any deficiency of service on the part of Opposite Party as the train was cancelled on 26.10.2013 due to unforeseen circumstances and as such there is no cause of action for the above complaint and hence it is liable to be dismissed.   The Opposite Party denies other allegations made by the complainant and prays to dismiss the complaint.    

4.       After trial, the District Commission, allowed the complaint as stated above.

5.       Being aggrieved by the said order, the appellant/Opposite Party preferred this a