The District Consumer Disputes Redressal Commission, Ludhiana, has pulled up the Indian Railways for refunding Rs 5 less than the amount due on a cancelled ticket, directing it to return the amount and pay Rs 10,000 in costs.

A bench of president Sanjeev Batra and member Monika Bhagat noted that due to the unfair trade practice, the complainant had to suffer mental agony and harassment.

“It is evident that the OPs (opposite parties: railways) had refunded less Rs 5/- out of the total cancellation charges and indulged in unfair trade practices which entitles the complainant to legitimately claim refund and compensation,” the bench observed in its order dated June 2.

The commission noted that the cancelled ticket did not mention any such refund fee and there was no evidence that the information had been prominently displayed at booking counters, as required under the notification itself.

“It is not the case of the OPs that the entering of an agreement with State Bank of India wherein State Bank of India was authorized to deduct the refund charges, was widely published or prominently displayed at the booking counter of each Railway station in order to make the passengers aware of such stipulation whereas the Notification dated 20.01.2017 specifically stipulates that such information shall be conspicuously displayed at the counters having POS machines,” the commission noted.

It further observed that the said notification was produced by the railway department at the fag end of the proceedings and that the station master, Ludhiana and divisional manager, being the senior in the hierarchy of the railway, were not aware of such arrangement between the railways and the State Bank of India.

The commission further remarked that the complainant was condemned unheard.

“Further no opportunity of being heard was provided to the complainant before deduction of amount. Even after the deduction, the OPs did not share any reason for charging the refund fee to the complainant and as such, the complainant has been condemned unheard,” the commission observed.

It held that the principle of natural justice was violated and the railways infringed the statutory rights of the complainant, i.e., the right to be informed as envisaged in the Consumer Protection Act.

Partly allowing the complaint, the commission directed the railways to refund the deducted Rs 5 and pay composite costs of Rs 10,000 to the complainant.

The order further stipulated that failure to pay within the prescribed period would attract a penalty of Rs 200 per day until payment is made.