Consumer forum asks rlys
to make changes in berths
SINDRI : In a significant judgment, the District Consumer Forum of Dhanbad has directed the Indian Railways to make procedural changes in the manufacture of coaches to ensure that both the longitudinal (side) and transverse berths in sleeper coaches are of equal length and breadth.
The consumer forum also directed the railways to pay a token compensation of Re 1 for deficiency in service and Rs 100 towards litigation cost to complainant advocate Ram Punit Choudhary. The consumer court verdict is all set to have a far-reaching impact on policies and norms of railways, besides attracting a flurry of complaints from different parts of the nation.
In his complaint, advocate Choudhary had stated that while travelling from Patna to Dhanbad he was allotted a side upper berth in sleeper coach no. 3 of Ganga-Damodar Express. While trying to sleep, the complainant found the berth shorter in length than the transverse berths and had difficulty in adjusting and sleeping.
After reaching Dhanbad, he wrote a letter to senior divisional commercial manager (Sr DCM) of the Dhanbad rail division to inquire about the length and breadth of coaches as well as the berths in the sleeper coaches. He was directed to seek the information from Integral Coach Factory, Chennai and Kapurthala.
When inquired, the factories informed that the difference between the lower transverse berths and the lower longitudinal berths was around 20 cm. Choudhary also charged the railways with discriminating between passengers of transverse and longitudinal berths, stating that there was deficiency in service despite the fare being the same. It was alleged that it was in violation of
Article 14 of the Constitution and Section 28 of the Indian Railways Act (no discrimination in similar circumstances) besides violation of Consumer Protection Act and Natural Law.
While the railways themselves admitted a difference of 20 cm in the length of lower transverse and lower longitudinal berths, the upper longitudinal berths are even shorter, he said in his complaint. The pleader, appearing on behalf of the railways, pleaded that the case was not
maintainable in law as the complainant has not served any notice to the Government of India under Section 80 of the CrPC.
Consumer court president and former district judge Tarkeshwar Prasad and members HP Tiwary and Meena Kumari in their judgment said when the railways are charging equal fares for both transverse and longitudinal berths and not providing equal facilities and amenities, it amounts to deficiency in service and the passengers have a right to seek equal treatment.
to make changes in berths
SINDRI : In a significant judgment, the District Consumer Forum of Dhanbad has directed the Indian Railways to make procedural changes in the manufacture of coaches to ensure that both the longitudinal (side) and transverse berths in sleeper coaches are of equal length and breadth.
The consumer forum also directed the railways to pay a token compensation of Re 1 for deficiency in service and Rs 100 towards litigation cost to complainant advocate Ram Punit Choudhary. The consumer court verdict is all set to have a far-reaching impact on policies and norms of railways, besides attracting a flurry of complaints from different parts of the nation.
In his complaint, advocate Choudhary had stated that while travelling from Patna to Dhanbad he was allotted a side upper berth in sleeper coach no. 3 of Ganga-Damodar Express. While trying to sleep, the complainant found the berth shorter in length than the transverse berths and had difficulty in adjusting and sleeping.
After reaching Dhanbad, he wrote a letter to senior divisional commercial manager (Sr DCM) of the Dhanbad rail division to inquire about the length and breadth of coaches as well as the berths in the sleeper coaches. He was directed to seek the information from Integral Coach Factory, Chennai and Kapurthala.
When inquired, the factories informed that the difference between the lower transverse berths and the lower longitudinal berths was around 20 cm. Choudhary also charged the railways with discriminating between passengers of transverse and longitudinal berths, stating that there was deficiency in service despite the fare being the same. It was alleged that it was in violation of
Article 14 of the Constitution and Section 28 of the Indian Railways Act (no discrimination in similar circumstances) besides violation of Consumer Protection Act and Natural Law.
While the railways themselves admitted a difference of 20 cm in the length of lower transverse and lower longitudinal berths, the upper longitudinal berths are even shorter, he said in his complaint. The pleader, appearing on behalf of the railways, pleaded that the case was not
maintainable in law as the complainant has not served any notice to the Government of India under Section 80 of the CrPC.
Consumer court president and former district judge Tarkeshwar Prasad and members HP Tiwary and Meena Kumari in their judgment said when the railways are charging equal fares for both transverse and longitudinal berths and not providing equal facilities and amenities, it amounts to deficiency in service and the passengers have a right to seek equal treatment.
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