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Overcharging at railway stations: Do file complaint

My complaint is about overcharging by vendors at railway stations particularly during the summer months when the passengers are really thirsty
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Pushpa Girimaji 

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My complaint is about overcharging by vendors at railway stations, particularly during the summer months when the passengers are really thirsty. They not only charge more than the maximum retail price on Rail Neer water bottles, but on soft drinks too. They also take advantage of the fact that the passengers are usually in a hurry and do not issue receipts. Where and how does one complain in such cases?

As these kiosks are at the railway stations and are let out by the Railways to retailers, you must complain to the Railways and ask them to let you know about the action taken by them to prevent exploitation of consumers. You can also bring it out in the social media so that it puts pressure on the Railways to act. In fact, some time ago, the Railways had promised to monitor social media platforms for passenger complaints, particularly on issues of overcharging. This was more with reference to overcharging on food on the Railways, but I am sure they will take note of other complaints too.

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However, I would suggest that you be specific and mention the names of the vendors who overcharged you and their exact location. In cases where they do not issue receipts, you should surreptitiously record on your cell phone, the stall owner asking for a higher price. That would give you enough evidence to back your complaint and ask for a refund. If the Railways do not take any action against the vendor and stop such malpractice, you can even lodge a complaint before the consumer court, holding both the Railways and the retailer accountable.

You should also complain to the department of legal metrology in the state where the railway station is located. Under the Legal Metrology (Packaged Commodities) Rules, it is mandatory for all packed goods to carry the maximum retail price and retailers cannot charge more than the MRP. Here again, a brief video showing the retailer demanding a price higher than the MRP would carry more weight than a general complaint.

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Do you know of any case where the Railways have been taken to task for not acting on a complaint of a passenger?

One of the cases that I have often quoted is the one filed by Prof RL Aggarwal against the Railways and the railway parking contractor at Ludhiana. Here, even though the parking charge fixed by the Railways for scooters was 50 paise, the contractor was charging Rs 3. Prof Aggarwal lodged a complaint with the authorities and when they did not act on it, sought the intervention of the consumer court. 

The District Consumer Disputes Redressal Forum said there was no deficiency on the part of the railways. It even said charging Rs 2.50 extra was too trivial a matter to be taken up and dismissed the case!

The State Consumer Disputes Redressal Commission, before which Aggarwal filed an appeal, held the Railways guilty of deficiency in service and as liable as the contractor for failing to take action against him. It directed the Railways as well as the parking contractor to jointly and severally pay Prof Aggarwal, Rs 15,000 towards compensation. The Commission also awarded Rs 2,000 as costs.

While dismissing the revision petition filed by the Railways, the National Consumer Disputes Redressal Commission advised the Railways to respond positively and with alacrity to every consumer complaint, investigate into it and take stringent action against such overcharging , even to the extent of terminating a contract. “Railway Administration enters into lease agreement for leasing out the parking lot. It can put stringent conditions in case of any breach of the terms of the lease where particularly when the contractor charges higher amount or misbehaves with the customer”, the Commission observed. (Union of India Vs RL Aggarwal, RP NO 2231 of 2000, decided on May 23, 2001)

In such cases, the loss suffered by an individual consumer may not be very high, but for consumers as a class, it runs into lakhs of rupees. In fact, in this case, the complainant wanted the Commission to calculate the illegal collection of the contractor from such overcharging and direct him to pay the amount to the Consumer Welfare Fund. You can also make such a demand before the Railways as well as the consumer court.

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