Rule allowing refund only if waitlisted train tickets are cancelled 30 minutes before departure is unfair: Consumer forum

The Chandigarh State Consumer Disputes Redressal Commission recently opined that a rule stipulating that refund for waitlisted tickets can only be obtained if they are cancelled thirty minutes before the train's departure, is unfair and not in the interest of consumers. [Union of India v Amandeep Singh]..Rule 7 of the Railway Passengers (Cancellation of Ticket and Refund of Fare) Rules, 1998, requires passengers who are on the waiting list to cancel their tickets thirty minutes before the scheduled time of departure of the train, if they want to get a refund.The order noted that it is not always possible for a person on the waiting list having hope of getting a confirmation to cancel the ticket within the stipulated time. .A Bench of President Justice Shekhar Attri and Member Rajesh K Arya said that such a rule was detrimental to the interest of consumers, and resulted in unnecessary financial loss. “The appellants (Railways) cannot make profit under the garb of their statute ie. on one hand, usurp the fare paid by such a consumer who did not get availability of seat and simultaneously, receiving fare from other successful passenger having confirmation for the same seat,” the order read..The Commission underscored that Section 49 of the Consumer Protection Act clearly empowers it to declare any term of contract unfair to any consumer, to be null and void. It was also noted that though the Railway Claims Tribunal had jurisdiction to deal with such matters, the same did not bar bar the jurisdiction of consumer courts.“We feel that in the interest of a consumer, the appellants should have curtailed their practice and procedure to charge fare from the persons, who could not get availability of seat or confirmation of seats and later, notwithstanding the fact, whether they get it cancelled or not within the stipulated window of 30 minutes before the scheduled departure of the train.”.Further, it said that while we may be in the modern era of using technology through mobiles and laptops, every person cannot be expected to be equipped with the same to be able to get tickets at once while standing in a large queue at a busy railway station like the one at New Delhi. “All these aspects ought to have been taken into consideration by the appellants and devise a criteria, which can make the things easier for every citizen of every category to its benefit in true perspective without any harassment and complexities involved therein,” said the Commission. .The Indian Railways had challenged an order of the Chandigarh District Consumer Disputes Redressal Commission which had ordered for a refund of the ticket amount along with ₹8,000 in compensation and litigation costs to the complainant. The Railways had submitted that the administration did not guarantee reserved seats to any customer. Further, in light of the 1998 Rules, no refund of fare shall be granted on reservation against cancellation (RAC) or waitlisted tickets after thirty minutes before the scheduled departure of the train. Since the complainant had not approached the authorities for a refund in time, the same was denied. .The State Commission, however, found that the conduct of the Railways was unfair and amounted to clear deficiency in service, resulting not only in financial loss, but also mental agony to the complainant.“The Ld. District Commission has rightly observed that had appropriate action been initiated by the opposite parties to redress the genuine grievance of the complainant, there would have been no necessity for the complainant to indulge in the unnecessary litigation. In our considered view, the Ld. District Commission righty allowed the complaint and the present appeal is liable to be dismissed being meritless.”.Advocate Rohit Kumar appeared for the Ministry of Railways while the complainant was represented by Advocates Madhu P Singh and Jatin Bansal..[Read Order]