Passengers Forced To Travel Standing Despite Confirmed Tickets: Bhojpur Consumer Commission Holds Railways Liable For Deficiency In Service
The District Consumer Disputes Redressal Commission, Bhojpur, Ara, comprising President Krishna Pratap Singh and Member Kamal Kishore Singh, has held the North Central Railway and the Ministry of Railways liable for deficiency in service after a passenger and his companions, despite holding confirmed reserved tickets, were unable to occupy their allotted seats and had to complete their...
The District Consumer Disputes Redressal Commission, Bhojpur, Ara, comprising President Krishna Pratap Singh and Member Kamal Kishore Singh, has held the North Central Railway and the Ministry of Railways liable for deficiency in service after a passenger and his companions, despite holding confirmed reserved tickets, were unable to occupy their allotted seats and had to complete their journey standing.
Facts
The complainant, Ravi Shanker Pandey, along with three friends, travelled to Vindhyachal and booked four confirmed tickets through the IRCTC portal for their return journey from Vindhyachal to Ara on Train No. 13202 LTT–Patna Express. The tickets carried confirmed seat numbers 58, 62, 63 and 68 in Coach B4, for which a total fare of Rs. 1,876.80 was paid.
According to the complainant, when the train arrived with a delay of about one hour, he and his companions managed to board the crowded coach and found that their allotted seats were occupied by persons claiming to be railway employees. Despite requesting them to vacate the seats, the occupants allegedly behaved rudely. The complainant stated that he could not locate any TTE or Railway Protection Force personnel and was also unable to connect with Railway helpline 139.
He thereafter lodged a complaint through the official Railway Seva and Rail Ministry social media handles. Although a complaint reference number was generated and communicated through SMS, no effective action was taken. The complainant alleged that even when a TTE later appeared during the journey, no assistance was provided and he and his companions were compelled to travel standing till their destination. Alleging deficiency in service, he filed a consumer complaint seeking refund of the ticket amount along with compensation and litigation costs.
Contentions Of The Parties
The North Central Railway and the Ministry of Railways contended that the complaint was not maintainable and lacked cause of action. They argued that issues relating to law and order fell within the jurisdiction of the Government Railway Police and not the railway administration. The opposite parties further claimed that prompt action had been taken on the complainant's grievance and that there was no deficiency in service or harassment attributable to the Railways.
East Central Railway contended that the journey originated from Vindhyachal, which fell within the jurisdiction of the North Central Railway Zone, and therefore no cause of action arose against it.
Observations And Decision
After considering the pleadings, evidence and documents placed on record, the Commission observed that the complainant had purchased four confirmed tickets and had been allotted specific reserved seats in Coach B4 of the train. It noted that despite approaching the railway authorities through various channels, including online complaints, the complainant and his companions were unable to secure their allotted seats during the journey.
The Commission found that the complainant and the other passengers had suffered mental, physical and economic harassment as a result of the railway authorities' failure to ensure availability of the reserved seats. It held that the inability of passengers holding confirmed reservations to occupy their allotted seats constituted deficiency in service on the part of the railway authorities.
Accordingly, the Commission allowed the complaint and directed the North Central Railway and the Ministry of Railways to refund the ticket amount of Rs. 1,876.80 with 8% annual interest. It further awarded Rs. 20,000 as compensation for mental, physical and economic harassment and Rs. 15,000 towards litigation costs. The Commission directed that the amounts be paid within 60 days, failing which they would carry interest at the rate of 10% per annum. The complaint was accordingly disposed of.
Case Title: Ravi Shanker Pandey v. North Central Railway & Ors.
Case No.: Consumer Case No. 296/2022