Bikaner District Commission Holds North Western Railway Liable For Deficiency In Service For Overloading 3rd AC Train Coach

Brief Facts:

Mr Keshav Ojha (“Complainant”) booked a ticket for himself and his family to travel from Jaipur to Bikaner in the 3rd AC category, paying Rs. 1446/- for the same. However, upon boarding the train, he discovered that other individuals were occupying the two seats he had reserved. Additionally, throughout his journey, the air conditioning (AC) in his coach was non-functional, and there was no attendant present. Despite multiple requests and a complaint filed with the Railway Service, the Ticket Examiner (TTE) only managed to provide one seat for the Complainant and his wife, even though he had initially paid for two seats. These seats were only allocated halfway through the train journey.

The Complainant observed that the coach was overloaded with passengers, many of whom were travelling without tickets. Numerous complaints were filed on the Railway Service Portal, but no resolution was achieved. Frustrated with the lack of redress, the Complainant proceeded to file a consumer complaint with the District Consumer Disputes Redressal Commission in Bikaner, Rajasthan (“District Commission”).

The North Western Railways countered the complaint, asserting that the Complainant fabricated facts. According to the railways, the TTE duly checked tickets, and individuals without valid tickets were removed from the train. Initially, the train was crowded due to a government service recruitment event, beyond the railways' control. However, most of the passengers disembarked after one station. The railways also contended that the AC was functioning properly, and the Complainant's grievances were addressed and resolved promptly.

Observations by the Commission:

The District Commission thoroughly examined the evidence presented by the Complainant and observed photographs depicting numerous additional passengers sleeping on the floor of the reserved 3rd AC coach. Additionally, the District Commission took note that the North Western Railways acknowledged the excessive number of passengers surpassing the coach's capacity.

In response to these findings, the District Commission recommended that the railways issue tickets only for the available number of seats within the train's limited capacity. The practice of overloading in General category coaches was highlighted, as it often results in passengers shifting to reserved coaches, causing discomfort for everyone to adjust in a confined space.

Conclusively, the District Commission held the North Western Railways accountable for a deficiency in service and directed them to compensate the Complainant with Rs. 10,000/- and cover legal costs amounting to Rs. 5,000/-.

Case Title: Keshav Ojha vs North Western Railway and Others

Case No.: Consumer Complaint No. 246/2022

Advocate for the Complainant: Dushyant Aacharya

Advocate for the Respondent: Rajesh Kumar

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