The District Consumer Disputes Redressal Commission, South-II, New Delhi, comprising President Monika Aggarwal Srivastava and Members Dr. Rajender Dhar and Ritu Garodia, held Northern Railways liable for deficiency in service for failing to provide the prescribed bedroll facilities to an RAC passenger despite charging the applicable fare.

The Commission observed that the Railways' own records showed that a penalty had been imposed on the linen contractor and that no evidence was produced to prove that a separate bedroll had been provided to the complainant.

Facts:

The complainant, Sanjay Kumar Mishra, booked an RAC ticket for travel from Prayagraj to New Delhi on Train No. 12275 (Humsafar Express) for 28 October 2022. During the journey, he was required to share a berth with another passenger. However, despite paying the applicable AC fare, the Railways provided only one blanket, one pillow and two bed sheets for both passengers, while no napkin was supplied.

The complainant requested the on-board attendant to provide a separate blanket and pillow, but the request was refused. He also approached the TTE for a complaint book, which was allegedly denied. Thereafter, he lodged a complaint through the Railway Ministry's Twitter service, submitted a written complaint at New Delhi Railway Station and also filed an RTI application seeking clarification regarding the Railway's policy on providing bedrolls to RAC passengers.

Aggrieved by the Railways' failure to provide the prescribed bedroll facilities, the complainant filed a consumer complaint alleging deficiency in service and seeking compensation.

Contentions of the opposite party

The Opposite Party (Northern Railways) raised a preliminary objection regarding the Commission's territorial jurisdiction and contended that bedrolls were supplied in accordance with the applicable Railway rules. It submitted that an additional blanket could be provided only subject to demand and availability and claimed that the complainant's grievance had been attended to during the journey by providing a separate bedroll.

The Railways also stated that linen services were provided through an outsourced contractor and disclosed that a penalty of ₹1,000 had been imposed on the contractor for the deficiency in service.

Observation and decision of the Commission

The Commission observed that the complainant, an RAC passenger, was initially provided only one blanket and one pillow despite paying the applicable fare. It also relied on the Railway Board's 2009 Circular, which envisages bedroll facilities for RAC passengers, and noted that the Railways had imposed a ₹1,000 penalty on the linen contractor for deficient service. The Commission found no evidence to support the Railways' claim that a separate bedroll had been provided to the complainant.

Holding the Railways guilty of deficiency in service, the Commission directed it to pay ₹20,000 as compensation for mental harassment and inconvenience, along with ₹5,000 towards litigation costs, with 7% interest in case of non-compliance within 60 days.

Case Title: Sanjay Kumar Mishra v. General Manager, Northern Railways

Case No.: DC/AB1/670/CC/412/2023

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