CONSUMER PROTECTION COUNCIL Vs. GENERAL MANAGER SOUTHERN RAILWAYS

JUDGEMENT

(1.) This Consumer Complaint has been filed by the Consumer Protection Council Tamilnadu against the Southern Railway and the Railway Board. The Complainant is a registered voluntary organization working in the area of consumer welfare. In the proceeding before us Shri Pushpavanam has filed the supporting affidavit apparently, on behalf of the Complainant Consumer Protection Council, though it is not specifically stated in the affidavit.

(2.) The Complaint is filed "on behalf of innumerable unidentifiable passengers" seeking to represent them under Section12 of the Consumer Protection Act, 1986. The Complaint shows that it is raised under Section 2(g) and 2(r) of the Act. In other words, it relates to alleged deficiency in nature and quality of service and unfair trade practice.

(3.) The matter pertains to running of the Cholan Express (Train No. 6854) between Tiruchirappalli and Chennai. The service was reportedly withdrawn in 2004 and reintroduced in 2010. Besides unreserved coaches, the train has other coaches of the air condition/sleeper category. Along with the Complaint, photostats of Railway timetable as well as of tickets of actual journey have been produced in evidence of the claim that the Railway authorities have been charging the traveling passenger sleeper class fare though the train operates during the day hours only i.e. between 0820 and 1745 hours it casts unnecessary additional financial burden on the passenger. According to the Complainant, for the day journey by second class a passenger should be paying Rs.22/- only while he is made to pay between Rs.120/- to 184/- for traveling in the sleeper class.