Railways told to pay for deficient AC system in coach

The District Consumer Disputes Redressal Forum has directed the South Western Railway (SWR) to refund train fare (Rs 328) to a passenger and pay him Rs 5,000, including compensation for the inconvenience caused and towards the cost of the case.

The forum has directed the Mysuru division of the SWR to pay the amount to the complainant within 60 days. It includes Rs 3,000 towards compensation and Rs 2,000 towards the cost of the proceedings. In case of failure, the SWR shall pay Rs 100 per day as penalty to the complainant till the compliance is made.

If the SWR fails to comply with the order, the Divisional Railway Manager of SWR shall undergo imprisonment and is also liable for a fine under Section 27 of the Consumer Protection Act, 1986.

Sekhar S Iyer, a former professor, had travelled by the Tippu Express in the AC chair car from Bengaluru to Mysuru on March 9. He had complained that the AC was tripping frequently and was not effective; he had to go out of the compartment often for fresh air. In Mandya, the AC went off completely. Besides, the electricity supply to the compartment was also affected. He had sought a compensation of Rs 50,000 towards mental agony, deficiency in service, cost of the proceedings and other reliefs.

Iyer has stated that soon after entering the AC coach, he realised the air-conditioning system was not functioning properly and complained to the mechanic. The attempts made by the mechanic to set right the defect did not succeed till the train reached Mysuru.

Alleging inconvenience, Iyer demanded refund of the fare, for which SWR authorities got a certificate issued for fare refund. The claim for refund was repudiated across the counter as the authorities claimed that as the ticket was booked online, the refund had to be made by the Indian Railways Catering and Tourism Corporation. Aggrieved by the attitude of the railway staff and deficient services, Iyer was forced to file a complaint seeking reliefs before the DCRF comprising H M Shivakumara Swamy as president and M V Bharthi and M C Devakumar as members.