New Delhi Consumer Commission Holds Northern Railway Liable For Lack Of Clean Toilets And Water Supply, Orders Rs. 30,000 Compensation

The commission found the railway authorities at fault for failing to uphold basic amenities as per the Citizen's Charter on Passenger Services of Indian Railways. Consequently, the commission directed Northern Railways to pay a lump sum of Rs.30,000/- as compensation for the physical and mental agony suffered by the passenger, along with an additional Rs.10,000/- as litigation expenses within 30 days.

Brief facts

Manan Aggarwal, a practicing advocate, filed a complaint against Northern Railways (Opposite Party) after facing significant issues during his train journey. He booked a third AC train ticket for a journey from New Delhi to Indore. However, during the trip he found that the toilets were filled with filth and there was no water either to flush or wash hands. After seeking help from the coach attendant, who was absent, Aggarwal lodged a complaint through the official "Rail Madad" portal and tweeted to the Railway Minister and Railway Sewa. Despite all this, no resolution was provided by the time the train reached Indore. Aggarwal, who expected a comfortable journey with his 3rd AC ticket, experienced physical discomfort, a headache, and even missed work due to the absence of basic amenities. A legal notice was also sent to the railway authorities, but it went unanswered. As a result, Manan Aggarwal sought redressal from the commission.

Observations of the Commission

While deciding the complaint, the Commission referred to the guidelines outlined in the Citizen's Charter on Passenger Services of Indian Railways. This highlighted the clear obligation of the railway authorities to offer fundamental facilities, such as clean toilets. The duties assigned to railway staff, including ticket examiners and conductors, emphasized their responsibility to maintain cleanliness in train coaches. Consequently, the Commission dismissed the railway authorities' argument that the provision of toilets was merely an amenity, not a service as defined by the Consumer Protection Act 2019.

Moreover, the commission observed that although the railway authorities claimed to have addressed the complainant's concerns, there was no proof indicating whether the complainant was satisfied or dissatisfied with the resolution through the 'Rail Madad, Grievance Redrassal Mechanism.' As a result, the Commission found Northern Railways guilty of failing to provide essential amenities of clean toilet and water, constituting a deficiency in services as per the 'Citizen's Charter.' Thus, the Commission directed them to compensate the complainant with Rs.30,000/- for physical and mental distress and awarded an additional Rs.10,000/- as litigation expenses. Non-compliance with the order within 30 days would attract an interest of 7% p.a. on the total amount.

Case Title: Sh. Manan Aggarwal vs. Northen Railways

Click here to Read/Download the Order