Downgrading berths from 2 AC to 3 AC: Consumer court directs Northern Railway, IRCTC to pay Rs 10,000 to Zirakpur resident

Jain said that he requested the Travelling Ticket Examiner (TTE) to resolve the issue, but he told the complainant that he (TTE) did not have any seat vacant in the 2nd AC coach to accommodate the complainant and his family. Accordingly, Jain was compelled to travel in the 3rd AC berth with his family members. Due to the downgrading of berths, the complainant and his family members had to “suffer a lot as the toilets were not hygienic and they were deprived of the services and facilities of 2nd AC berth”.

The complainant requested the TTE to issue a certificate for their travel in lower class for the refund of the difference amount between the 2nd AC and 3rd AC berths, but the TTE refused.

Jain said on October 22, 2018, in an email to the Sub-Divisional Manager/Divisional Manager, Northern Railway, Chandigarh and the IRCTC, he explained the entire incident, but with no result. Jain told to the Commission that the fare for the 3rd AC berth was around Rs 765 per ticket whereas the fare for the 2nd AC berth ticket was around Rs 1,280 per ticket and the difference of the same comes to be approximately Rs 515 per ticket.

The Sub-Divisional Manager/Divisional Manager, Northern Railway, Chandigarh, in a reply submitted that the complainant had not produced the certificate from the ticket checking staff and has filed the present consumer complaint after three and a half years, thus the consumer complaint is not maintainable and liable to be dismissed. The IRCTC in a reply submitted that it is only a service provider online booking platform through its website which is directly linked with the Passenger Reservation System being managed by the railways and has nothing to do with the reliefs which the complainant is seeking.

The Commission upon hearing the matter held that it is clear that there is a deficiency in service and unfair trade practice on the part of the Divisional Manager, Northern Railway, Chandigarh, and the IRCTC, firstly, in unilaterally downgrading the berth of the complainant and his family members in the subject train from 2nd AC to 3rd AC, and thereafter, in not even refunding the difference amount of fare.

Though the consumer complaint of the complainant is also resisted by the OPs (opposite parties — Northern Railway, Chandigarh, and IRCTC) on the ground that the same is time-barred, but since it stands proved on record that the complainant has earlier filed a consumer complaint and withdrew the same with the liberty to file a fresh one and the delay in filing the complaint has already been condoned by this Commission vide order dated January 14, 2022, it is unsafe to hold that the consumer complaint of the complainant is not maintainable being time barred. Thus, allowing the complaint, the Commission ordered the Divisional Manager, Northern Railway, and the IRCTC to pay Rs 1,005 to the complainant along with an interest at 9 per cent per annum from the date of the journey, which is October 20, 2018 onwards. And also to pay Rs 5,000 as compensation and Rs 4,000 as costs of litigation.