In a landmark verdict that reinforces the rights of bonafide railway passengers as consumers, the Bhojpur District Consumer Disputes Redressal Commission (DCDRC) at Ara has directed the Indian Railways to compensate a passenger who was denied a confirmed berth due to unauthorized occupation and inaction by rail authorities. The passenger, Ravi Shankar Pandey, was forced to stand during his entire journey from Vindyachal in Uttar Pradesh to Ara in Bhojpur.
Compensation and Costs Awarded
The commission, presided over by Krishna Pratap Singh and member Kamal Kishore Singh, allowed Pandey's complaint and imposed a litigation cost of Rs 15,000 on the railways, payable to the aggrieved passenger. The judgment was delivered on May 12 and made public on May 27.
Details of the Incident
Ravi Shankar, along with three friends, had traveled to Vindyachal for a religious tour on October 1, 2022. They held confirmed return tickets for October 2, 2022, from Vindhyachal (Mirzapur) to Ara in AC 3-tier coach of the Mumbai Lok Manya Tilak Express. Upon boarding coach B-4, they found their reserved berths occupied by unauthorized individuals claiming to be railway employees. When asked to vacate, the occupants responded rudely. No railway staff or protection force was available to assist. The ticket inspector arrived at Buxar, just an hour before their destination, and expressed inability to remove the unauthorized occupants due to heavy rush. Consequently, the passengers stood throughout the journey.
Consumer Complaint Filed
Aggrieved, Pandey posted a complaint on the railways' official social media handle, which only received an acknowledgment. He then filed a consumer complaint seeking Rs 50,000 in compensation plus litigation costs for mental and physical harassment due to the railways' inaction. The heads of the North Central Zone (Prayagraj) and East Central Zone (Hajipur) were made respondents. They denied liability, claiming the denial was due to a law and order problem attributed to the Government Railway Police (GRP) of Uttar Pradesh and Bihar. They argued there was no deficiency in ticket booking or issuance.
Commission's Ruling
The commission held that the railway staff's inability to rescue a bonafide passenger from unauthorized occupants is a clear deficiency of service. It ordered a refund of the entire ticket amount of Rs 1,877, along with annual interest of 8% to be paid within 60 days.
