The document discusses consumer protection laws as they relate to Indian railways. It outlines that the Consumer Protection Act covers railway services as transportation is included in the definition of "service" under the Act. It also describes the Railway Claims Tribunal Act which was established to specifically handle railway claims and disputes. There is some overlapping jurisdiction between the consumer forums and the Railway Claims Tribunal for claims regarding deficiencies in railway services.

1. CONSUMER
PROTECTION AND
RAILWAYS
BY
NIVEDITA JHA
ROLL NO.- 16IP63029

2. A BRIEF OVERVIEW
 The Consumer Protection Act is applicable to goods
and services. This is also applicable to the Indian
Railways. The Railways provide the services to the
passenger for a fixed fare. That is how the scope of
Section 2(1)(o) of the Consumer Protection Act
covers the facilities relating to transport.
 For the better and speedy disposal of railway
disputes (claims) Indian government has
established "RAILWAY CLAIMS TRIBUNAL"
through the Railway Claims Tribunal Act 1987 and
also the “RAILWAYS ACT 1989” to consolidate and
amend the law relating to Railways.

3.  Consumer Protection Act is a general act for the
protection of all types of consumers where as, the
Railway Claims Tribunal Act is a special act which
is focusing only on railway claims.
 Before this Railway claims tribunal act, all railway
claims were dealt by civil courts and consumer
forums respectively. After the enactment of RCT Act
and Indian Railways Act 1989, all railway claims
including consumer claims also dealt by Railway
Claims Tribunal.
CONSUMER PROTECTION IN RAILWAYS

4. CONSUMER FORUM’S JURISDICTION TOWARDS
RAILWAY CONSUMER’S CLAIMS
 As per section 2(o)1 of CPA Service" means service of any
description which is made available to potential users and
includes the provision of facilities in connection with banking,
financing, insurance, transport, processing, supply of
electrical or other energy, board or lodging or both housing
construction, entertainment, amusement or the purveying of
news or other information, but does not include the rendering
of any service free of charge or under a contract of personal
service.
 The term “transport” includes railway transport. So, the
person who is availing the railway services is considered as
“consumer”.

5.  Section 3 of CPA provides powers to the consumer forum to
hear the railway consumer disputes which is relating to
“deficiency in service”.
 Section 2(g) of CPA "Deficiency in service means any fault,
imperfection, shortcoming or inadequacy in the quality,
nature and manner of performance, which is required to be
maintained by or under any law for the time being in force
or has been undertaken to be performed by a person in
pursuance of a contract or otherwise in relation to any
service.”


6. RAILWAY CLAIMS TRIBUNAL ACT
 Railway has its own Railway Tribunal Act which came into
force in the year 1987. Section 13 of the Act gives in the
Jurisdiction, Power and Authority of the Tribunal. The powers
configured under this Section are relating to the responsibility
of the railway administrations as carriers under Chapter VII of
the Railways Act in respect of claims for-
1. compensation for loss, destruction, damages,
deterioration or non-delivery of animals or good entrusted to a
railway administration for carriage by railway ;
2. compensation payable under Sec. 82-A of the Railways Act
or the rules made there under; and
3. In respect of the claims for refund of fares or part thereof
or for refund of any freight paid in respect of animals or goods
entrusted to a railway administration to be carried by railway
and the claims under Section 124 of the Railway Act .

7. LIABILITY OF RAILWAYS UNDER THE ACT
 Section 124 of the Railways Act deals with the conditions
where railway is liable for the fault. The conditions in which
railways are liable are:
An accident occurs either a collision between trains of which
one is a train carrying passengers or the derailment of train or
other accident to a train or any part of a train carrying
passengers
 Railways will be liable if such accident has caused only for loss
occasioned by
(i) the death of a passenger dying as a result of such accident,
(ii) personal injury and
(iii) loss, destruction, damage or deterioration of goods owned
by the passenger and accompanying him in his compartment
or on the train, sustained as a result of such accident.

8. LOSS OF PERSONAL LUGGAGE OF THE PASSENGER
 There is no express provision for the loss of personal luggage of a
passenger in either RCT Act or railways Act. However one can
approach them through CPA Act.
 In Sumatidevi M. Dhanwatay Vs Union of India (UOI) SC held that
not providing adequate securities to the passengers is amongst to
deficiency in service and, the consumer forum is having the
jurisdiction to hear this dispute. In this case, a passenger had lost
her valuables, including diamonds and pearl due to some mob
entered into the train compartment and, attacked the passengers.
The state had awarded compensation to the passenger, where as,
the national commission had reversed the order.
 In G.M., Eastern Railway v. Smt. Malti Gupta. The state
commission held that loss of three suitcases of the passenger in the
train is amongst to deficiency in service and, the railway is liable to
pay the compensation to the passenger who had lost his suitcases.

9. CLEANNESS AND WATER FACILITIES
 Again There is no express provision in the RCT Act
so, the consumer can invoke the jurisdiction of the
consumer forum to decide his claim .
 In South Eastern Railway Vs. Yeshwant Tiwari
Not providing water for cleaning purposes to the
reserved compartment passengers is amongst to
deficiency in service and, consumer forum is having
the jurisdiction to hear this dispute.

10. UNTOWARD INCIDENTS
 Section 124-A of the Railways Act 1989 provides compensation on
account of untoward incident which includes commission of a terrorist
act ,robbery , dacoity , indulging in rioting, shoot-out or arson, by any
person in or any train carrying passengers in a waiting hall, cloak
room or reservation or booking office any platform or in any other
place within the precincts of a railway station ,the accidental falling of
any passenger from a train carrying passengers.
 In Union of India Vs Ashok Shankar Sarkale Some unknown
goondas entered into the train , and they were quarrelling with the
passengers and, they had thrown out two passengers and, those
passengers were found dead because of run over by a train. he
Bombay HC held that the consumer forums are not having the
jurisdiction to hear claims or deficiency in services related cases
which have occurred due to some “untoward incident”

11. OTHER MISCELLANEOUS ISSUES
 In the case of Divisional Railways manager v. Abhishankar Adhikari
(2006) failure of Railway authorities to prevent entry of unauthorized
hawkers and other persons was held to be deficiency in service.
 In the case of UOI v. G.C. Sharma the national commission held that
railways not liable for not confirming wait-listed tickets.
 In the case of UOI v. Ashok Kumar Singh 1995 ,an advocate missed his
train due to change of train timings ,national commission held that
appellant being a educated person was negligent ,hence railways not
liable for deficiency in service.
 Although Compensation being paid for late running of trains is rare, but
in the case of UOI v. Kedar Nath Jena &ors.(1997) wherein railways
didn’t provide a reasonable reason for delay and plaintiff suffered
inconvenience ,National Commission held this to be deficiency in
service and awarded compensation.

12. OVERLAPPING JURISDICTIONAL ISSUES
 Consumer forums generally having the jurisdiction to
hear the disputes between railway consumers and the
railway authorities in respect of “deficiency in service”.
Whereas, the railway claims tribunal is having the
jurisdiction to hear the claims which have been made
against the railway by the railway customers/users.
 RCT Act had been enacted after the enactment of the
consumer protection Act ,an indication that the
legislature clearly intended to give special jurisdiction to
RCT hear the railway disputes.
 Section 15 of the RCT expressly bar the jurisdiction of
civil courts and other courts or authorities.

13. UNION OF INDIA V. NATHMAL HANSARIA
 In this landmark case, the National Consumer Disputes
Redressal Commission in 1995 upheld a state commission order
and directed the railways to pay Rs 2.25 lakh to the parents of a
21-year-old, Kabita Hansaria, who died in 1990 while passing
through interconnecting compartments on a long-distance train.
The Hansarias told the commission that the vestibule connecting
the compartments did not have safety grills.
 The railways had contended that according to the provisions of
the Railway Claims Tribunal, the complaint was not tenable
before the commission. But the commission made a clear
distinction between a train accident and accidental death, and
observing that Kabita's death was the latter case. “The state
commission is right in pointing out that a railway passenger is a
consumer,” the national commission said.

14.  In Deputy Chief Commercial Manager, Eastern Railways & Anr. V. Dr.
K. K. Sharma & Ors6 ., the consumer forum held that Existence of
remedies provided by Sections 13 and 15 of the Railway Claims
Tribunal Act, 1987 did not take away the jurisdiction of the consumer
courts to decide the question of deficiency of service. The consumer
courts cannot sub-plant the jurisdiction of the Railway Tribunal or any
other judicial or quasi-judicial body, but can supplement the jurisdiction
of these bodies in appropriate cases. It provides an additional remedy to
a consumer.
 In 2011, the national commission ruled in favour of a woman whose
husband was run over by a goods train in 2003 while he was crossing
tracks at a spot where there was no railway bridge. The commission
rejected the railways’ defence that such cases fell under the provisions
of the Railway Claims Tribunal Act and that consumer fora did not have
jurisdiction.

15. CONCLUSION
CONSUMER
PROTECTION AND
RAILWAYS
RAILWAY
CLAIMS
TRIBUNAL
ACT
CONSUMER
PROTECTION
ACT
RAILWAYS
ACT