Sangeeta Verma ORDER
1. The present information has been filed, by Consumer Educational and Research Society ('IP-1') and Ms. Parul Choudhary ('IP-2'), under Section 19(1)(a) of the Competition Act, 2002 (the 'Act'), against Union of India, Ministry of Railways ('OP-1') and Indian Railway Catering and Tourism Corporation Ltd. ('OP-2') alleging contravention of the provisions of Section 4 of the Act. (IP-1 and IP-2 are collectively referred to as 'IPs', and OP-1 and OP-2 are collectively referred to as 'OPs').
2. As stated in the information, IP-1 is a society registered on 15.12.1986, under the Societies Registration Act (XXI) of 1860 and is also a Public Charitable Trust under the Bombay Public Trust Act. It is devoted to the promotion and protection of consumer interest through complaint handling, publication, legal research, media, and effective uses of legal processes. IP-2, is stated to be a bona fide member of IP-1, an architect by profession and presently is a faculty member of Centre for Environment Planning and Technology (CEPT) University, Ahmedabad.
3. It has been stated that IP-2 booked train tickets for her and her family's travel from Patna to Ahmedabad via New Delhi. The first set of tickets were booked by IP-2 for a journey to be made on 05.12.2016, from Patna to New Delhi through Patna - Delhi Rajdhani train which was scheduled to arrive at New Delhi at 7:30 am on 06.12.2016. Further, another set of tickets were booked by IP-2 for journey from New Delhi to Ahmedabad on 06.12.2016 at 1.55 pm, by Sampoorna Kranti train originating from Hazrat Nizamuddin Railway station, Delhi.
4. It has been stated that Patna - Delhi Rajdhani train commenced its journey on 05.12.2016, after a delay of four hours from its scheduled departure time and the delay of four hours at commencement of journey gradually increased with the passage of journey. When it became evident with the help of train live updates that IP-2 and her family won't be able to board the Sampoorna Kranti train from New Delhi to Ahmedabad on time, IP-2 cancelled the tickets held for travel from New Delhi to Ahmedabad. Thereafter, IP-2 booked train tickets in the Delhi-Ahmedabad Rajdhani scheduled to depart from New Delhi Station at 07:55 pm on 06.12.2016.
5. It has been further stated that the Patna to New Delhi Rajdhani reached New Delhi station on 06.12.2016, at 09:00 pm, after an inordinate delay of more than 13 hours from its scheduled arrival. Further, on alighting from the train IP-2 came to know that she and her family members had missed the Ahmedabad bound Rajdhani train, since the said train had left New Delhi at its scheduled departure time of 07.55 PM.
6. As stated by the IPs, on arrival at New Delhi station, IP-2 sought the refund of fare of the said Delhi - Ahmedabad Rajdhani tickets of Rs. 10,000/-. She was informed by the Divisional Commercial Manager that no refund was possible at that stage as the tickets were supposed to be cancelled at-least four hours before the scheduled departure. It has been further submitted that subsequently, IP-2 secured another ticket of Rajdhani train in order to ensure her travel to Ahmedabad on 07.12.2016, after spending further Rs. 7,885/-.
7. IP-2 has averred that since she was not responsible for the non-cancellation of the unused tickets for Delhi-Ahmedabad Rajdhani, she made a request for refund of the full ticket-fare of Rs. 10,000/- before the OPs vide email dated 08.12.2016. IP-2 is further stated to have addressed two letters each dated 10.01.2017, to Divisional Railway Manager ('DRM'), Delhi and Danapur Division of Railways wherein, inter alia, once again a request for refund was made.
8. It has been submitted that when the aforesaid letters failed to elicit any response from the OPs, IP-2 was compelled to approach IP-1. Subsequently, IP-1 issued letters dated 31.01.2017 and 20.02.2017, to DRM of Delhi and Danapur Division of Railways, wherein OPs were requested to facilitate an amicable resolution of the matter. In response thereto, the DR........