The District Consumer Disputes Redressal Commission (D.C.D.R.C.) in Bhojpur, Ara, has ruled in favour of a complainant who was forced to travel standing despite holding confirmed berths. The Commission, presided over by President Krishna Pratap Singh and Member Kamal Kishore Singh, held the North Central Railway and the Railway Board liable for a deficiency in service. The opposite parties have been directed to refund the ticket amount with 8% annual interest, along with Rs. 20,000 in compensation and Rs. 15,000 towards litigation costs.
Background of the Case
On October 1, 2022, the complainant, Ravi Shanker Pandey, along with three friends, travelled to Vindhyachal. For their return journey on October 2, 2022, the complainant booked four train tickets through his IRCTC portal for Train No. 13202 (LTT-Patna Express) from Vindhyachal to Ara. The tickets were confirmed with seat numbers 58, 62, 63, and 68 in the B4 coach, for which the complainant paid a booking amount of Rs. 1,876.80.
The train arrived approximately one hour late. Due to a heavy crowd in the coach, the complainant and his friends boarded with great difficulty. Upon reaching their assigned seats, they found them occupied by unidentified individuals who introduced themselves as railway employees. When asked to vacate the seats, these individuals behaved rudely.
The complainant searched for the Train Ticket Examiner (TTE) and the Railway Protection Force (RPF) but was unable to locate them. Attempts to contact the official helpline number 139 were also unsuccessful. Consequently, the complainant posted an online complaint on the official Twitter handles of the Indian Railways (@RailwaySeva and @RailMinIndia). Following instructions from the social media handles, the complainant shared his PNR and contact details, and received an SMS confirmation of his registered complaint under reference number 2022100204979.
Despite the registration of the complaint, no positive response or action was provided by the authorities, forcing the group to travel standing. When a TTE finally appeared at Buxar Station, the complainant reiterated his grievance. However, the TTE favoured the unauthorised occupants, advising the complainant to “manage” due to the rush season. The group completed their journey to Ara standing without utilising their confirmed seats. The complainant subsequently filed a consumer complaint alleging deficiency of service, claiming a refund of the ticket amount with 18% annual interest, Rs. 50,000 for mental agony, and Rs. 30,000 as litigation costs.
Arguments of the Parties
The Opposite Party (O.P.) No. 1 (North Central Railway) and O.P. No. 3 (Ministry of Railway / Railway Board) appeared and filed a joint written statement. They contended that:
- The case was frivolous, lacked a cause of action, and was not maintainable.
- The issues raised pertained to law and order, which falls under the jurisdiction of the State Government Railway Police (GRP) rather than the Railway Authority.
- The Railway Authority took prompt action, and the seats were made available to the passengers.
- There was no deficiency of service, and the complainant did not suffer any mental, physical, or economic harassment.
To support their arguments, O.P. No. 1 and 3 produced copies of a judgment from the Delhi High Court (W.P. 8892/2015), circular letters from the Railway Board (Letter No. 2001/L.C/Misc. II and Letter No. 2014/L.C/Misc/12), and an affidavit.
O.P. No. 2 (East Central Railway) filed a separate written statement and argued that since the complainant’s journey from Vindhyachal to Ara falls under the North Central Railway Zone, they had no role to play and should be expunged from the proceedings.
The complainant submitted documentary evidence, including:
- Photocopies of the printed railway tickets (Exhibit 1).
- Copies of the Twitter complaints (Exhibit 2).
- Copies of the text messages received (Exhibit 3).
- Photographs with Section 65B Indian Evidence Act certification (Exhibit 4).
- Written arguments and an affidavit.
Court’s Analysis
The Commission reviewed the oral and documentary evidence presented by both sides. It noted that the complainant met the definition of a consumer, having purchased four confirmed tickets for a total of Rs. 1,876.80. The records showed that despite reaching out to the Railway Department through several channels, the complainant and his companions were not provided access to their confirmed seats.
Addressing the core issue, the Commission made the following observation:
“It is cristal clear that the petitioner along with other three friends suffered mental, physical and economical harassment and it constitutes deficiency of service by the O.P. no. 1 and 3 hence the complainant is entitled to get their grievances.”
Decision
The Commission held the complaint maintainable and established a deficiency in service on the part of North Central Railway (O.P. No. 1) and the Railway Board (O.P. No. 3). The Commission ordered:
- O.P. No. 1 and O.P. No. 3 to refund the booking amount of Rs. 1,876.80 along with 8% annual interest.
- O.P. No. 1 and O.P. No. 3 to pay Rs. 20,000 as compensation for the mental, physical, and economic harassment suffered by the complainant.
- O.P. No. 1 and O.P. No. 3 to pay Rs. 15,000 as litigation costs.
The opposite parties are directed to comply with this order within 60 days of the decision. In the event of non-compliance, the complainant shall be entitled to recover the specified amounts through legal process with 10% annual interest.
