Mysuru district consumer disputes forum also orders refund of his Tipu Express ticket price

Mysuru district consumer disputes forum also orders refund of his Tipu Express ticket price 

The District Consumer Disputes Redressal Forum, Mysuru has ordered the South Western Railway to return the ticket price of Rs 328 along with compensation of Rs 3,000 and Rs 2,000 as cost of legal proceedings to a passenger. This order came after the passenger complained that the air conditioner in the Tipu Superfast Express stopped working when he was travelling between Bengaluru and Mysuru on March 9.

Dr Sekhar Iyer had filed the complaint with the forum that soon after entering the coach of the train, he realised that the air conditioner was not working. He complained to the mechanic who tried to fix it. But the AC was not fixed throughout his journey. He demanded for refund of the ticket price at the railway counter which was rejected.

The railways contended that the AC was working normally when the train travelled between Dharwad and Bengaluru. But it admitted to the problem when the train left for Mysuru. "The problem could not be rectified during the short duration. The inconvenience caused to the passenger was unintentional and therefore it was not liable to pay any compensation. The ticket was booked through IRCTC and therefore refund is not possible," the railways contended.

Iyer, in his statement before the forum, said that the heat inside the compartment was unbearable and he along with a few other passengers had to travel standing near the door for fresh and cool air.

The forum, in its order, said that the railways had admitted to the failure of the AC in the train on that date. "Further attempts made to rectify the defect and his failure to set right the AC system has been clearly admitted," it said and dismissed the railways' contention that since the ticket was booked through IRCTC, it cannot repay the amount.

"IRCTC is part of the opposite party. Therefore the inconvenience caused to the complainant and the deficient service on the part of the opposite party is as alleged by the complainant is considered as true," the court noted.

Self-argued case

Iyer, who argued the case himself before the forum without the help of any advocate, told Mirror, "During the journey, I had to frequently go outside the compartment for fresh air. The fear of H1N1 was also gripping. The AC completely stopped by the time the train reached Mandya. Even the electricity was affected."

Source:http://www.bangaloremirror.com/bangalore/others/Railways-to-pay-passenger-for-faulty-AC/articleshow/49910570.cms