Case Title: KVS Appa Rao and Anr. vs General Manager, South Central Railway
Case No.: Consumer Case No. 47/2023
The District Consumer Disputes Redressal Commission-II, situated in Hyderabad, Telangana, found the South Central Railway accountable for negligence resulting in the discomfort of passengers. The bench, composed of Sri Vakkanti Narasimha Rao (President) and Smt. D. Sreedevi (Member), decreed the railway authority must pay a sum of Rs. 10,000 as compensation and an additional Rs. 5,000 to cover legal expenses.
The incident began with KVS Appa Rao and his minor daughter, K. Veekshita, who had reserved two seats in the Garib Rath Train (12739) for a journey from Visakhapatnam to Secunderabad on April 5, 2023. After boarding the train and having dinner, they settled for sleep around 10 pm. However, they were awakened around midnight, suffocating due to the malfunctioning ACs and fans in the AC 3 compartment.
The distressed passengers reached out to the Train Ticket Examiner (TTE), explaining their discomfort due to poor ventilation. The TTE, along with other officials, blamed an electrical failure for the issue and assured it would be fixed by the time they reached Eluru Station. Unfortunately, the train arrived at Eluru an hour late, and the passengers continued to suffer suffocation till they reached Vijayawada station. The train halted at Vijayawada for four hours without power or water supply. Despite the ordeal, the South-Central Railways failed to provide any compensation to the passengers.
Feeling wronged, the passengers filed a complaint with the District Commission. The South-central Railways, despite being notified, did not submit a written version or make any representation before the Commission, leading to proceedings being carried out ex-parte.
The District Commission, after considering the evidence, including letters from the complainants and responses from the railway authorities, found the railway authorities guilty of negligence. The railway authorities acknowledged in their responses that the AC plants lacked power due to the non-functioning of DG sets in the train. The inability to identify and rectify these issues before the train’s departure was deemed as negligence by the railway authorities.
The District Commission highlighted that despite paying for third AC class, the passengers experienced distress, physical discomfort, and inconvenience due to the lack of functioning facilities during their journey. Consequently, the District Commission found the South-Central Railway accountable for the deficiency in service and ordered it to pay Rs. 10,000 as compensation for causing distress and physical discomfort to the passengers, along with Rs. 5,000 towards legal costs.
The takeaway from this judgment is the importance of accountability and service quality in public transportation. Services should not only be timely and efficient but also ensure the comfort and safety of the passengers. Failure to do so can result in legal consequences and a dent in the reputation of the service provider.
