New Delhi District Commission Holds Railway Board And Northern Railway Liable For Deficiency In Service, Orders Refund And Compensation

The District Consumer Disputes Redressal Commission-I, North Delhi bench comprising Divya Jyoti Jaipuriar (President), Ashwani Kumar Mehta (Member) and Harpreet Kaur Charya (Member) held Railway Board and Northern Railway liable for deficiency in service due to which the complainant could not seek a refund for an un-confirmed train ticket. Brief Facts: Saurabh Sinha (“Complainant”) alleged that he purchased a train ticket on April 28, 2018, for Rs. 1,355/- from Tis Hazari Court Railway Reservation Counter Window for travelling from New Delhi to Bilaspur. However, the ticket was not confirmed and remained on the waiting list. The next day, when the Complainant attempted to cancel the ticket at the New Delhi Railway Station, he was told that the computer was not functioning, and he was asked to wait. Finally, when his turn came, he was informed that the amount was forfeited due to a new circular. Upon being asked for the new circular several times, the railway staff asked the Complainant to contact senior officials. The Complainant contacted the senior officials and requested a refund. However, his request was rejected by them. Feeling aggrieved, the Complainant filed a consumer complaint against the Chairman of the Railway Board and the General Manager of Northern Railway, in the District Consumer Disputes Redressal Commission-I, North Delhi.The Complainant argued that the service was deficient due to the non-functioning computer, and he suffered financial losses and mental agony because he couldn’t attend an important case in Chhattisgarh.On the other hand, the Railway Board and Northern Railway, in their joint reply, contended that the complaint should be dismissed, citing the Railway Claims Tribunal Act, 1987, which according to them, barred the consumer commission’s jurisdiction in this matter. They claimed that the Complainant approached the ticket counter for a refund after the designated time, and the system did not accept the input for a refund. They also asserted that the PRS system was functioning correctly and that the Complainant was at fault for not reaching the counter in time.Observations by the Commission:The District Commission noted that the Complainant had indeed faced direct inconvenience due to what was determined to be deficient service by the Railway Board and Northern Railways. The deficiency, as defined in the Consumer Protection Act, of 2019 encompasses any fault, imperfection, or shortcoming that affects the quality, nature, and manner of service. In this context, the District Commission found that the non-functioning computer system constituted such a deficiency, leading to a forfeiture of the Complainant’s funds.As a result, the District Commission concluded that the Complainant had suffered tangible losses and distress due to the Railway Board’s deficient service. Consequently, the District Commission ordered the refund of the ticket amount, totalling Rs. 1,355, along with interest at a rate of 9% per annum from June 1, 2018, until the date of payment. Moreover, the Railway Board and Northen Railways were directed to pay Rs. 5,000 as compensation to the Complainant for the mental anguish and harassment endured. The District Commission made it clear that should they fail to meet these obligations within the stipulated 30-day timeframe, it would be liable to pay interest at a rate of 12% per annum from the end of that period.Case Title: Saurabh Sinha vs Chairman, Railway Board and otherCase No.: CC/121/2018Advocate for the Complainant: N.A.Advocate for the Respondent: N.A.Click Here To Read/Download Order

New Delhi District Commission Holds Railway Board And Northern Railway Liable For Deficiency In Service, Orders Refund And Compensation

Smita Singh

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