Mumbai Commission Dismisses Byculla Resident's Refund Complaint Against Central Railway Due To Delay And Incorrect Respondent

Mumbai: The South Mumbai District Consumer Dispute Redressal Commission (DCDRC) has dismissed a complaint filed by a Byculla resident against the Chief Commercial Manager (Refunds) of the Central Railway. The complaint was rejected on the grounds that it was filed against the wrong respondent and exceeded the permissible 90-day time limit.

The case dates back to 2017, when Ashim Bhattacharya, a resident of Byculla, purchased reserved tickets in cash from the Central Railway Reservation Counter at Byculla Station.

The tickets, for 2nd AC Sleeper class, were booked for a journey from Lokmanya Tilak Terminus (LTT) to Allahabad on January 13, 2017, by the Duronto Express. Return tickets were also booked for the journey from Allahabad to LTT on January 21, 2017, for himself and two companions, Saima A. and Shoeb A.

Due to personal reasons, Bhattacharya canceled the tickets for Saima A. and Shoeb A. and sought a refund of ₹16,070 for the four canceled tickets. Instead of issuing the refund, the Reservation/ECNR Clerk at the Central Railway Reservation Counter at CSMT provided Bhattacharya with two Ticket Deposit Receipts (TDRs) dated January 10, 2017. He was informed that, due to demonetization, the refund would be deposited into his bank account.

Further in order to resolve the issue Bhattacharya had approached the Chief Reservation Supervisor at CSMT in March and August 2017 to inquire about the refund, which had not been processed. He was informed that the delay was caused by issues with various banks, which had since been resolved, and was assured that the refund would be initiated soon.

Meanwhile due to personal urgency, Bhattacharya had to travel between Mumbai and Kolkata from September 2017 to January 2018. This delayed his follow-up with the authorities. Upon his return, he visited the Central Railway Department at CSMT and was advised to lodge an appeal for the refund. However, as per the guidelines stated on the TDRs, the complaint was required to be submitted within 90 days of issuance.

Folling this response, finally on January 17, 2018, Bhattacharya sent a legal notice requesting that the delay in submitting the TDRs be condoned. However, the Chief Commercial Manager (Refunds) rejected the claim, citing the significant delay.

The Central Railway in its reply, the argued that the complaint was filed against the wrong authority, as the Chief Commercial Manager (Refunds) was not the appropriate respondent. It stated that the Union of India or the General Manager of Central Railway should have been named instead. Additionally, the railway pointed out that the refund application was delayed by 361 and 369 days, far exceeding the 90-day time limit.

The commission after reviewing the evidence, upheld the arguments presented by the Central Railway. The commission ruled that the complaint was both time-barred and filed against an incorrect respondent. Consequently, the complaint was dismissed.