Jurisdiction issue

From X it is booked, so X consumer forum has got jurisdiction.

There is a click in the issue. Suppose place X is a place other than home or business place and y is a business place and Z is home. In such case the jurisdiction shall be with court at Y or Z. This is important because in todays world a person while travelling also can complete transactions over internet.

Dear Sharad,

whether the change of route was displayed / notified, if yes then you have weak case. if change of route is  not displayed / notified to the general public then you can file consumer case, where you are living.

Regards

Rajiv Bhasin

Advocate

Bhasin & Associates

9811210505, 9868635640

irctc  bkd on internet?? TDR IS ALLOWED , JURI : IRCTC regd offce, or ur residence 

liable only if  not notified. WHAT IS REPLY OF UR COMPLAINT TO IRCTC? 

Question and grievance not understood

Did you travel in the train with the same ticket and on same birth

Because of changed route you cancelled the ticket and did not get full refund

Due to unforseen circumstances (an accident enroute) the route can be changed during transit

What is the need to go to Forum

Or asking question to increase your GK , with any question you like

The outburst  (has been so for 2-3 years ) absolutely not understood

Clarify

Dear Sharad,

Cause of action arose at place X.  Hence, District consumer forum for the place X has jurisdiction to entertain any complaint in that regard.

Still my questions , NOT ANSWERED , By Mr Sharad

This is to  clarify my query further.

What happened that the normal route of train was that it originated from Kolkata and run via X to reach destination Y. However for past few years, the train route had been diverted and did not come to X. But for past few months, many times in newspapers there was a buzz that the train will resume its normal route, i.e through X.

Now in this background, when the passanger who wanted to travel from X to Y, logged on IRCTC portal, he found that the portal showed that train was available from X to Y and hence booked the tickets and got confirmed tickets.

Now when he reached X station, he was told that the train has not resumed its normal route and is still running on diverted route. So the passanger had to board another train to dextination XX an from XX he boarded a bus to his final destination Y.

So the issue is whether any part of cause of action arose at Y to grant Jurisdiction to consumer courts in Y to get compensation for the harrasmment.

Did you receive the Booking amount of the ticket as a refund

If , yes , what else you want

The Railway or for that matter any organization like P&T , Doordarshan < Star News etc , who run such services RESERVE THE RIGHT TO CANCEL,POSTPONE, DIVERT , PUT ON HOLD ETC ETC  (HAVE AN INHERENT RIGHT ) Their services according to prevailing circumstances . If they do not have that , these services will be flooded with such requests of compensation

NO CASE , PL BE HAPPY AND FORGET THE INCIDENT AS A NIGHTMARE

Dear Mr Godbolle,

Seems like you have ignored the very basic of Consumer Jurisprudence. Its called DEFICIENCY.

When you are charging for something, you are supposed to deliver that thing. If you do not deliver that thiing. You talk of the right of Railways and have ignored the right of the passanger.

Lastly, as per your suggestion to forget the incidence, I would rather ignore your opinion as a nightmare.

As p;er sec.19 of Civil Procedure Code you can file complaint at Y also.

Mr Sharad ,

                      I totally disagree with your view

                     The Railways work on unforseen circumstances principle , Not on the principle you have enunciated that if a Co has promised that the cold will go or they will pay compensation , the Co has to pay if Cold does not go

                In my opinion , Railway has a liability to refund , If you do not Travel , in full ,

                That is all

                Rest up to you , You may day dream to get something out of it

Dear Mr Golbole,

You have not understood the issue at all. I request you to kindly understand the question. It is a clear case of deficiancy. The railway system is not run by Heaven. If by mistake a confirmed ticket was issued, or due to unavoidable reasons train had to be diverted, you must have informed your passanger in advance. Nieter IRCTC nor Railway took the pain.

After booking a ticket, and receiving confirmed ticket, one is assured of his itenary and plans accordingly. Now if suddenly on the day of travel that too at 12:00 AM, the passanger is getting information that the train route is diverted, what is he/she supposed to do. You dont prepare contingency plans for railway travel or do you mean to say that every passanger must have an advance contingency plan ready in case railway changes its mind without informing you at the last moment.

I Still disagree

The Railway can divert the route while you are travelling ,  Where is the question of informing earlier

Emergency and contingency plans can be implemented while travelling  also ,