• Consumer rights of railway passengers

As per current railway rules passengers possessing RAC ticket can board a train, but are allotted a berth only on cancellation of tickets or as per vacation of existing seats.  It may however be noted that the RAC passenger is being charged at par with other passengers possessing confirmed tickets, whereas the availability of a vacant berth is uncertain.  It is hence highly unfare to charge a passenger for a service that was actually not offered or was offered for a short span of the journey.  It is hence justified to ask for a refund for the fare difference between a seat and the birth for the journey till a confirmed berth is allotted.  A customer should be charged only at par with the services at offer.  The legal viability of the case may please be advised.
Asked in Business Law from Gandhinagar, Gujarat
the fact that inspite of not having confirmed ticket you are permitted to board a train justifies railways charging RAC passengers full fare . 

further first preference is given to RAC passengers and generally birth is allotted to them during the journey . you dont have a case to ask for refund . but if you so desire you can file writ petition in the HC  challenging decision of Railways in charging you full fare even if tickets are not confirmed
Ajay Sethi
Advocate, Mumbai
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1. Logically you are right in claiming that RAC passengers should pay less than those having reservation with birth,

2. You can file a PIL in the Supreme Court for changing the rule follwed by Indian Railways.
Krishna Kishore Ganguly
Advocate, Kolkata
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