Railways when deficient in services under Consumer Protection Act

 

1.      Railway Claims Tribunal Act, 1987 Visa Vies Consumer Protection Act

·         Railway claim Tribunal ,a State subject .Article 12 Directive principals of state policy

 Section 13 read with section 15

Section 13 deals with any fault on the part of railway administration

Section 15 says –no other court shall deal with the case related to Section 13 ,they have their own system of compensation . Most of the cases of freight –luggage ,animals and booked luggage etc.

 

Consumer Protection Act deals with services rendered by Railways , Section 3 of the act (section 100 of new act )gives additional remedy to Consumers under Consumer Protection Act .Section 13 or section 15 of Railway Claim Tribunal Does not Bar the Jurisdiction of Consumer Courts

 

2.      Who can be a consumer and for what services

 

The one who buys ticket for travelling enjoys all services since he enters the platform till he goes out of the platform to their destination . It involves-

·     Services at platform –enquiry, waiting room ,canteen ,announcement minformation board ,water ,and other amenities

·        Services in the train –seat ,berth ,beds at night ,safety measures ,toilets ,water ,presence of TTE and Police 

3.      Difference between deficiency in services & untowards incident

Any shortcoming in the above services is deficiency in services

Any incident not attributed to any ones negligence is untoward incident such as –

·         Suicide before train or falling down on track

·         Falling down while boarding or unboarding while trail running

·         Sruck with pillars while hands kept out of window in running train

·         Derail of train or any natural calamity

4.      Defeciency in services –steps

·         Facts must be established –theft,defective meal,bad condition of toilets or beds etc. or any other services

·         Efforts by consumer to bring to notice

·         Prove negligence on the part of railway

·         Quantum and consequences of loss ,damage and compensation

 

5.      Railway Rules

(Union Of India (Uoi) And Ors. vs Sanjiv Dilsukhrai Dave And Anr. on 23 October, 2002)

(Deputy Chief Commercial Manager, Eastern Railways and Anr. v. Dr. K.K. Sharma and Ors., [200 (III) CPJ page 1 (NC)].

Arguments

·         Jurisdiction

·         The passenger is to take care of his own language and articles in accordance with Rule 506.2 of Indian Railway Conference Association (IRCA) No. 24, No. 216,

·         The passenger is supposed to declare before the starting station and get any valuable articles insured by paying the necessary charges for the railway administration taking extra precautions as  stated that under Rule 1301(I)(IV) of IPCA No. 24,

 

Held-

·       Sections 13 and 15 of the Railway Claims Tribunal Act, 1987 did not take away the jurisdiction of the consumer courts to decide the question of deficiency of service. The consumer courts cannot sub-plant the jurisdiction of the Railway Tribunals or any other judicial or quasi judicial body but can supplement the jurisdiction of these bodies in appropriate cases. It provides an additional remedy to a consumer".

·         Issue of negligence of the railway administration,vide circular dated 11.9.1998,Govt. of India ,Ministry of Railway published some of the important duties . a list of duties prescribed by railway administration "TTE for Sleeper Coaches" is brought on record.-

Circular relied upon;Duties of TTE

·       He shall check the tickets of the passengers in the coach, guide them to their berth/seats and prevent unauthorised persons from the coach. He shall in particular ensure that persons holding platform tickets, who came to see off or receive passengers do not enter the coach.

·         He shall check the tickets of the passengers in the coach, when the train is on the move and open them up for passengers as and when required.

·         He shall ensure that the end doors of vestibuled trains are kept locked between 22.00 and 6.00 hrs. to prevent outsiders entering the coach.

·         He shall remain vigilant particularly during night time and ensure that intruders, beggars, hawkers and unauthorised persons do not enter the coach".

 

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