Issue of compensation not under RTI but under consumer forum

[kushal]

CENTRAL IINFORMATION COMMISSION

*****

No.CIC/OK/A/2006/00432
Dated, the 16th November 2006

Name of the Appellant:
Shri Sharat Chandra Agarwal,
2284, Raja Park, Rani Bagh,
Delhi – 110 034.
Name of the Public Authority Ministry of Railways, Railway Board, New Delhi.

DECISION

Background:
The Appellant, Shri Sharat Chandra Agarwal, Delhi, while travelling from
Hyderabad to New Delhi in A-1 Coach on 1st January 2004 by train No.2723, found the air conditioning in the AC coach not functioning properly. The coach was so cold that many of the passengers were almost shivering. Shri Agarwal stated that along with him two other passengers had made a complaint in writing to this effect. After coming back, Shri Agarwal sought from the PIO, Railway Board, information on various issues connected with air conditioning in Railway coaches and also asked for compensation arguing that since he had paid the full fare he should have full comfort.
2. In his reply to Shri Agarwal’s application, the PIO of the Railway Board
vide his letter dated 22nd May 2006 gave technical details about the codal life of the coach. In the meantime, Shri Agarwal also received a letter from the Railway Authorities in which they admitted that the particular coach was ‘marginally cooler’ because of low occupancy on that particular day.
3. Not satisfied with these technical aspects. Shri Agarwal filed his first
Appeal before the Additional Member, Railway Board, New Delhi, on 29th May 2006. The Appellate Authority directed the PIO to provide Shri Agarwal
supplementary information, but denied any possibility of refund. At this, Shri
Agarwal moved a second appeal to this Commission. The Commission fixed the hearing for 7th November 2006.
4. The Respondents were represented by Shri B.L. Meena, Executive Director (PG) & PIO and Shri J.S.P. Singh of the Electrical Department, Railway Board while the Appellant Shri Sharat Chandra Agarwal was present in person.
5. The bench of Dr. O.P. Kejariwal, Information Commissioner, heard the
matter.

Decision:

6. During the hearing, the Respondents admitted the genuineness of the
complaint but also explained that the comfort range of the air conditioning
system varies from person to person and according to them on that particular day the temperature in the coach was within the comfort range. This, however, was somewhat contrary to what the Railway authorities had said in writing that on that particular day the coach indeed was marginally cooler and the reason they gave was of low occupancy in that particular coach.
7. The Railway authorities during the hearing also admitted that there were
other instances when the passengers had complained of the malfunctioning of the A.C units in the Railway coaches.
8. After hearing both the parties, the Commission felt that as for the issue
of compensation to Shri Agarwal, the Consumer Forum was the more appropriate agency. However, since as the complaint was genuine, the
Commission directed the Railway authorities to consider measures whereby the AC system could be substantially improved.
9. The Railways should examine this entire matter and inform the commission of the steps they intend to take to remove such complaints in
future by February end.
10. The Commission ordered accordingly.

Sd/-
(O.P. Kejariwal)
Information Commissioner
Authenticated true copy:
Sd/-
(Pankaj K.P. Shreyaskar)
Assistant Registrar

[kushal]

Here is the copy of the decision.

[maneesh]

This raises a question whether for non provision of services can one take recourse to RTI? As seen from above, no information has been provided only the complain has been forwarded to appropriate authority.

[brijeshbhatt]

Let consumer activists/volunteers spread consumer awareness I think this will help them.