Kerala Consumer Commission Orders IRCTC, Southern Railway To Pay ₹50K For Deficient Service, Unclean Train During Theerth Yatra Tour

The Bench comprising D.B. Binu (President), V. Ramachandran and Sreevidhia T.N. passed the final order in a consumer complaint alleging the IRCTC and Southern Railway (opposite parties) of deficiency of service and unfair trade practice.

According to the complainant, he had purchased a ticket of the 11-day-long journey to visit Puri, Konark, Gaya, Varanasi, Ayodhya, Prayagraj, etc. However, even though he came to the station on time, the train departed one day late and in an unclean condition. It was also stated that the no facilities were arranged by the IRCTC at the destination and the passengers had to wait inside the bus for around 2 hours.

The complainant also alleged that the food provided was of inferior quality, the journey was cut short by two days and that sufficient time was not given to visit the Konark temple. Moreover, there was no doctor on board, it was said.

IRCTC submitted that though the train was supposed to depart from Ernakulam station on the afternoon of 10.12.2022, due to the cyclonic effect experienced at Chennai the previous night, the train got delayed and arrived at the early hours of 11.12.2022.

It was further stated that the passengers boarding from Ernakulam were intimated about the delay over phone on the morning of 10^th and the train arrived at its destination at Malatipatpur station by a slight delay of a few hours. Since the passengers rushed to the train upon its arrival, there was only a limited time to clean and the food provided were not of inferior quality.

They also denied the allegation that passengers had to wait long time and said that accommodation were arranged near the temple itself, to which they were brought in mini vans owing to traffic restrictions. Regarding on-board doctor facility, it was said that such service was not provided in the brochure but the services of on-call doctor was arranged through the journey. Thus, there is no deficiency in service.

The Commission noted that though the train was to depart from Kochuveli, it started journey from Ernakulam. However, no arrangements were made by the IRCTC to provide food and accommodation to the passengers during the period of delay.

It further remarked that no evidence was brought in by the IRCTC to show that the passengers were intimated about the delay. Referring to the IRCTC's statement that passengers rushed into the train when it departed from Ernakulam, the Commission opined that this showed that there was no time to do a proper cleaning of the train.

The Commission did not go into the aspect regarding the quality of food but noted that no proof was given to establish the same.

Looking at the admission from the IRCTC that roads were narrow and crowded, the Commission came to the conclusion that conveyance was difficult for the passengers. It thus found that the complainant had proved deficiency of service and unfair trade practice from the side of IRCTC.

The Commission ordered the opposite parties to refund the ticket fare of Rs. 20,500 and to pay a compensation of Rs. 50,000 for the mental agony and hardships suffered by the complainant. Further, it also awarded Rs. 3,000 to the complainant as costs.

It also held that the opposite parties would be jointly and severally liable.

Case No: CC No. 66/2023

Case Title: K.B. Suresh Babu v. The IRCTC and Anr.

Counsel for the respondents: Terry V. James, Vishnu T.C. – Additional Standing Govt. Counsel.

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