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Suchitra. S (Advocate)     05 December 2010

punishment for Senior citizen ticket

Dear friends, Please let me know what is the punishment for intentional cheating for a senior citizen concessional railway ticket. In which Act the same is stated.

 

A client had bought a senior citizen concessional ticket 3 months earlier to the travelling date mistakingly thinking that a person travelling is a senior citizen. But later came to know that the woman is not a senior citizen but 54 years old. They went to railway station on the scheduled day  and told the station master about the same. He advised to talk with the TTR in the train and to pay the difference amount. 

TTR even after hearing the facts told it will be considered as intentional cheating and so, have to pay the actual ticket fare along with the fine and also collected the same. But TTR did not refund the amount of the ticket bought earlier nor he deducted the amount while charging for fresh ticket. And had advised my client to write to railways and get the refund. 

When our client wrote to the railways, they have replied that it will be treated as intentional cheating and so, they cannot refund the amount. Now, I want to know the provision which says the amount cannot be refunded if a senior citizen ticket is cought for intentional cheating. 

Anybody please help..  :(



Learning

 6 Replies

Isaac Gabriel (Advocate)     05 December 2010

As per Railway rules, even a senior sitizen travel without identity, he is liable to be treated as travelling without ticket and charged accodingly.In this case your client has inadverently bought the senior citizen ticket and has informed in advance before boarding the train.A plea could be made to collect the difference in ticket instead of treating as without.

N.K.Assumi (Advocate)     05 December 2010

My Dear Suchitra, I am also of the view that it is a clear case of cheating.

JT Rajasuriya, Chennai (Advocate 98410 53790)     05 December 2010

How can they consider it as cheating when they have not caught the person. The person had after all informed of the mistake. These kinds of mitakes do happen at any place. So write to the concerned authorities for refund (if the effort is worthwhile?).


(Guest)

My dear Suchitra. S Madam,

 

Now,this is called ignorance of law does not excuse(But later came to know that the woman is not a senior citizen but 54 years old. )Below is the  rules and regulation .

 

Here the ticket is in the name of the women so it presume that she made cheating although her intention is not cheating but for that you have to prove it go to the railway authority or hire adv.and so and so ,too much expenses for proving that your intention is not cheating. Thus, its useless.

De Minimis Non Curat Lex definition:

Latin: a common law principle whereby judges will not sit in judgment of extremely minor transgressions of the law.

 

 

Reservation Rules
  IMPORTANT - FOR SENIOR CITIZENS :

 

From 1st September 2001 onwards, concession to senior citizens through PRS (Passenger Reservation System) shall be granted only on demand and not by default as at present. The demand for concession shall be made on Reservation Requisition form in the case of reserved tickets. In the case of tickets issued to senior citizens on concession, during journey the concerned passengers are instructed to carry some documentary proof showing their age or date of birth, issued by any Government Institution/Agency/Local Body. like Identity card, Driving License, Passport, Educational certificate, certificate from Local Bodies like Panchayat/Corporation/Municipality, or any other authentic and recognised document. This documentary proof of age should be produced if demanded by some Railway official during the journey.

 

 

TRANSFER/RESALE OF TICKETS PROHIBITED :


Under Section 142 of the Railways ACT, journey tickets including any half of a return ticket and season ticket are not transferable.

If any person not being a Railway Servant or an agent authorised in this behalf : a.sells or attempts to sell any ticket or any half of a return ticket, or b.parts or attempts to part with the possession of a ticket against which reservation of a seat or a berth has been made or any half of a return ticket or season ticket. He shall be punishable under the Railways Act.

In addition, if the purchaser or holder of transferred ticket travels or attempts to travel therewith, he shall forfeit the ticket which he so purchased or obtained and shall be deemed to be traveling without a proper ticket.

Suchitra. S (Advocate)     05 December 2010

Thanks for all the replies.

@ Assumi Sir,

It is not a case of cheating as I know the person who bought the tickets and sure he is not telling lies. This is pure case of mistake of facts.

@ Kushan and Rajasurya Sir,

The lady had produced the documents which showed she was 54years of age.  Is it not general scene to see TTR to collect the difference at circumstances like these ? More than anything else, I want the provision particularly to show circumstances like these will be taken as travelling without ticket. 

@ Gabrial Sir, 

Please let me know where is that rule by which the railways say it is considered as intentional cheating.


Suchitra. S (Advocate)     07 December 2010

Ans one more thing I want to say here. Is it not double jeopardy when TTR has not refunded the amount of earlier ticket and also charging a fine ?


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