The District Consumer Commission at Bhojpur Ara held North Central Railway and the Railway Board liable for deficiency in service after passengers with confirmed berths were forced to travel standing, directing refund with interest, compensation of Rs 20,000 and litigation expenses of Rs 15,000.
The District Consumer Disputes Redressal Commission (D.C.D.R.C.), Bhojpur, Ara has ruled in favour of a complainant who was compelled to travel standing despite having confirmed berths. The Commission headed by President Krishna Pratap Singh and Member Kamal Kishore Singh held North Central Railway and the Railway Board responsible for deficiency in service. The parties were ordered to refund the ticket cost with 8% annual interest, pay Rs. 20,000 as compensation, and Rs. 15,000 towards litigation expenses.
Background of the case
On October 1, 2022, Ravi Shanker Pandey and three friends travelled to Vindhyachal. For the return journey on October 2, 2022, the complainant booked four tickets through his IRCTC account for Train No. 13202 (LTT–Patna Express) from Vindhyachal to Ara. The booking was confirmed for seats 58, 62, 63, and 68 in Coach B4, and the complainant paid a booking amount of Rs. 1,876.80.
The train reached about one hour late. Because of heavy crowds in the coach, the group faced difficulty while boarding. Once they reached what were supposed to be their assigned seats, they discovered the seats were occupied by unknown persons who claimed to be railway employees. When the complainant asked them to vacate, the persons allegedly behaved rudely.
The complainant tried to locate the Train Ticket Examiner (TTE) and the Railway Protection Force (RPF) but could not find them. He also attempted to reach out through the official helpline number 139, but did not receive any successful response. As a result, he filed an online grievance on the official social media handles of Indian Railways @RailwaySeva and @RailMinIndia and, as per the instructions received, shared his PNR and contact details. He later received an SMS confirming the registration of his complaint under reference number 2022100204979.
Despite registering the complaint, the group did not receive any effective relief and ultimately had to travel standing, even though their seats were confirmed. When a TTE finally came at Buxar Station, the complainant reiterated his grievance, but the TTE allegedly sided with the unauthorised occupants and advised the complainant to “manage”, citing the rush season. The group completed the journey to Ara without occupying their confirmed seats.
The complainant then filed a consumer complaint alleging deficiency in service, seeking:
- refund of the ticket amount with 18% annual interest
- Rs. 50,000 for mental agony
- Rs. 30,000 as litigation costs.
Arguments from the parties
Opposite Parties (O.P.) No. 1 and O.P. No. 3
North Central Railway (O.P. No. 1) and the Ministry of Railway / Railway Board (O.P. No. 3) filed a joint written statement. They claimed the complaint was frivolous, lacked a cause of action, and was not maintainable. They argued that the issues raised relate to law and order, which is within the jurisdiction of the State Government Railway Police (GRP) rather than the Railway Authority. They further argued that the Railway Authority took prompt action, that the seats were made available, and that there was no deficiency in service. They also denied any mental, physical, or economic harassment.
To support their position, O.P. No. 1 and O.P. No. 3 relied on:
- a Delhi High Court judgment (W.P. 8892/2015)
- Railway Board circular letters (Letter No. 2001/L.C/Misc. II and Letter No. 2014/L.C/Misc/12)
- an affidavit.
O.P. No. 2 (East Central Railway)
East Central Railway (O.P. No. 2) filed a separate written statement, arguing that since the journey from Vindhyachal to Ara fell within the North Central Railway Zone, they had no role to play and should be removed from the proceedings.
Complainant’s submissions
The complainant supported his case with documentary material, including:
printed railway tickets (Exhibit 1), copies of the Twitter complaints (Exhibit 2), copies of related text messages (Exhibit 3), photographs with Section 65B, Indian Evidence Act certification (Exhibit 4), written arguments and an affidavit.
Analysis of the court and Decisions
The Commission assessed the evidence and held that the complainant qualifies as a consumer because he purchased four confirmed tickets totalling Rs. 1,876.80. It also noted that even after approaching the Railway Department through multiple channels, the complainant and his companions were not allowed access to their confirmed seats.
On the core issue, the Commission observed:
“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.”
The Commission found the complaint maintainable and established deficiency in service by North Central Railway (O.P. No. 1) and the Railway Board (O.P. No. 3). It directed the opposite parties to:
- Refund Rs. 1,876.80 (ticket amount) with 8% annual interest
- Pay Rs. 20,000 as compensation for mental, physical, and economic harassment
- Pay Rs. 15,000 towards litigation costs
The Commission ordered compliance within 60 days of the decision. If the opposite parties fail to comply, the complainant may recover the amounts through legal process, with 10% annual interest.
Case Title: Ravi Shanker Pandey Vs North Central Railway
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