Inadequate Power Supply And AC Failure In Garib Rath Train, Hyderabad District Commission Orders South-Central Railways Liable For Negligence

Brief Facts:

KVS Appa Rao and his minor daughter, K. Veekshita (“Complainants”) reserved two seats in the Garib Rath Train (12739) for a journey from Visakhapatnam to Secunderabad on April 5, 2023. According to the complainants, they boarded the train on April 5, 2023, and, after completing their dinner, they attempted to sleep at 22:00 hours. However, they woke up around midnight due to suffocation resulting from the non-functioning of the ACs and fans. Distressed by the situation, the Complainants promptly complained to the Train Ticket Examiner (TTE), highlighting the discomfort caused by the lack of ventilation in the sealed AC 3 compartment. The TTE and other officials allegedly attributed the problem to an electrical failure in the train, assuring that it would be rectified upon reaching Eluru Station. The train reached Eluru station an hour late and the travellers had to suffer difficulties given suffocation from Eluru to Vijayawada station. The train stayed at Vijayawada for 4 hours with no power and water supply. The South-Central Railways also failed to compensate the Complainants.

Feeling aggrieved, the Complainants filed a consumer complaint in the District Consumer Disputes Redressal Commission-II, Hyderabad (“District Commission”). South-central Railways did not make any representation before the Commission or submit a written version. Thus, they were proceeded against ex-parte.

Observations by the Commission:

In its decision, the District Commission considered the evidence, including the complainants' letters and the response from the railway authorities. Notably, the railway authorities admitted, in their response to the Complainants, that power supply to AC plants was unavailable due to the non-working of DG sets in the train. The District Commission found that the failure to verify and rectify the issues with the DG sets before the train's departure demonstrated negligence on the part of the railway authorities.

The District Commission noted that despite the fare charged for the third AC class, the Complainants and other passengers suffered mental agony, physical trauma, and inconvenience due to the non-functioning of essential amenities during the journey. In light of these considerations, the District Commission held that the South-Central Railway was liable for deficiency in service and directed it to pay Rs. 10,000/- as compensation for causing mental agony and physical trauma to the Complainants, along with an additional Rs. 5,000/- towards the costs incurred. The Commission dismissed the remaining claims made by the Complainants and granted the railway authorities 45 days from the date of receipt of the order to give compensation.

Case Title: KVS Appa Rao and Anr. vs General Manager, South Central Railway

Case No.: Consumer Case No. 47/2023

Advocates for the Complainant: P. Santhoshi Kumari

Advocate for the Respondent: None (Ex-parte)

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