CONSUMER PROTECTION COUNCIL Vs. INDIAN RAILWAYS
LAWS(NCD)-1989-11-6
NCDRC
Decided on November 06,1989

CONSUMER PROTECTION COUNCIL Appellant
VERSUS
INDIAN RAILWAYS Respondents

JUDGEMENT

V.Balakrishna Eradi President - (1.)Though we find that there is prima facie some force in the contention raised by the Complainant Petitioner that the classification of certain trains as super fast trains made by the Railway Administration is not based on any reasonable grounds, we do not think that this is a matter in respect of which relief can be granted to the petitioner under the provisions of the Consumer Protection Act in view of the limited scope of the jurisdiction conferred by Section 14 of the said Act. The proper course for the Complainant to adopt appears to us to be to approach either the competent High Court or the Supreme Court by invoking the jurisdiction under Article 226 or Article 32 of the Constitution as the case may be, after obtaining proper legal advice in that regard. The petition has to fail on the short ground aforementioned.
(2.)Before parting with this case, we have to record on deep sense of disappointment over the very casual attitude adopted by the Railway Administration in relation to the conduct of this proceeding before this Commission. Although we adjourned this Petition more than once specifically for the purpose of enabling the Railway administration to file a detailed statement furnishing information to this Commission as to the basis on which the classification of certain trains as super fast trains has been made, no such statement was filed and the attitude adopted by the Railway administration has been, to put it in the mildest form, totally unhelpful. The Railways constitute one of the largest public utility undertakings in the country and the rail transport services are meant for the benefit of the people of this land. This National Commission has been constituted as the apex statutory Forum under the Consumer Protection Act to protect and safeguard the interests of the 'consumers', which expression includes passengers who avail themselves of the facility of transportation offered by the Railways. When a notice is received by the Railway administration from the National Commission, one should have expected that the Railway administration would immediately respond and come forward with the fullest assistance to this Commission in the matter of making available to this Commission all the material facts relating to the case. That such assistance has not been forthcoming in this case is a matter of serious public concern and a recurrence of such an unsatisfactory situation has to be avoided.
(3.)The Registrar will forward a copy of this order to the Chairman, Railway Board and also to the Hon'ble Minister of State for Railways for their information and early necessary action. Petition dismissed.


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