Consumer panel orders rly to compensate passenger denied berth

Dev Kumar Pandey and PraveenPatna :--------------------------Patna/Ara: In a verdict defining rights of bonafide railway passengers as consumers, the Bhojpur District Consumer Disputes Redressal Commission (DCDRC) at Ara ordered railways to compensate a passenger who despite having confirmed reservation ticket wasdenied berth owing to unauthorised occupation and inactions of rail authorities that compelled him to travel entire rail journey from Vindyachal (Uttar Pradesh) to Ara (Bhojpur), in standing posture.The president of Bhojpur’s district consumers dispute redressal commission, Krishna Pratap Singh and its member Kamal Kishore Singh while allowing the complaint of one Ravi Shankar Pandey also slapped a litigation cost of Rs 15,000 on railways to be paid to the aggrieved passengers. This judgment was delivered on May 12 and it came in public domain on May 27.Ravi Shankar along with his three friends had gone to Vindyachal on religious tour on Oct 1, 2022. They had confirmed return tickets for Oct 2, 2022 from Vindhyachal (Mirzapur) to Ara of AC (3-tier) in Mumbai Lok Manya Tilak Express.After boarding the train’s coach no. B-4 in their return journey to Ara, Ravi Shankar and his friends were denied their reserved berths by unauthorised occupants who called themselves railway employees.Upon requesting to vacate those berths reserved for them, Ravi Shankar and his friends received rude replies. No railway staff or its protection force were available to rescue the aggrieved passengers.The ticket inspector came at Buxar, hardly an hour before the destination point and categorically expressed his inability in vacating those berths from unauthorised persons due to heavy rush. Eventually the entire journey was covered by standing inside the coach.Aggrieved by such a situation Ravi posted his complaint on the official social media handle of railways which was responded merely by a receipt of acknowledgement.Thereafter, Ravi filed a consumer complaint before the commission pleading for a compensation of Rs50,000 plus litigation cost for being harassed mentally and physically on account of inactions on part of railway authorities.Heads of Railways’ North Central zone (Prayagraj ) and East Central zone (Hajipur) were made as respondents in said complaint who disowned any legal liability stating that denial of berth to Ravi and his friends was on account of “law and order problem” attributed to negligence of govt railway police (GRP) of states (Uttar Pradesh and Bihar).It was argued on behalf of railways that there was no deficiency of services in booking of ticket and issuance of same and hence they have no role in denial of berth.The commission held that inability of railway staff in rescuing a bonafide passenger from unauthorised occupants of his reserved berth is a clear deficiency of service by the railways.The commission also ordered for refund of entire ticket amount of Rs 1,877 rupees along with annual interest of 8% in next 60 days.