Date:03/12/2006 URL: http://www.thehindu.com/2006/12/03/stories/2006120302451000.htm

National

"Rail passenger can plead for fare refund"

Staff Reporter

NEW DELHI : The Central Information Commission (CIC) has, in a recent order, asked a 70-year-old passenger to approach the Consumer Forum for refund of fare from the Railway Board as the air-conditioning in his coach was ``uncomfortably cold.''

The CIC also asked the Board to examine the matter and get back to it by February end about the steps being taken to ensure better regulation of the cooling in air-conditioned coaches.

A retired government official, Sharat Chandra Agrawal travelled by the 2723 A.P. Express from Hyderabad to New Delhi in Coach No. A-1 on January 1, 2004. He and two other passengers lodged a written complaint about the uncomfortable cooling in the coach that reportedly left many passengers shivering.

In Delhi, Mr. Agrawal approached the Board seeking information under the RTI Act about various issues related to the air-conditioning in coaches. He also asked for compensation, as he had paid the full fare and was entitled to a comfortable journey.

On May 22 this year, the Principal Information Officer (PIO) of the Board gave Mr. Agrawal technical details relating to the air-conditioning in trains. In the meantime, however, the Board sent another letter to Mr. Agrawal admitting that the particular coach was "marginally cooler" that day because of low occupancy.

Not satisfied with the technical details, Mr. Agrawal filed his first appeal before the Additional Member (Railway Board), the Appellate Authority in the case, on May 29. The Appellate Authority asked the PIO to furnish supplementary information to the appellant, but said there was no possibility of a refund.

Mr. Agrawal then approached the CIC, which heard both the parties. The Board admitted that the complaint was genuine, but explained that the comfort range of air-conditioning varies from person to person. The CIC said this was somewhat contrary to what the Board had said in writing — that the air-conditioning was "marginally cooler" that day.

Finally, the Board admitted that there were other instances too when passengers had complained of malfunctioning of the air-conditioning units.