'Significance Of Passengers' Time Undeniable': Kerala Consumer Forum Awards Rs. 60K Compensation To Passenger Affected By 13 Hrs Delay Of Train

The Ernakulam District Consumer Disputes Redressal Commission recently ordered the Southern Railway to compensate a passenger for the inconvenience caused to him by the 13-hour delay of the Chennai-Alleppey Express. 

The Bench comprising President D.B. Binu and Members Ramachandran V and Sreevidhia T.N observed that despite being a significant Public Sector Undertaking, the Indian Railways often fails to provide efficient services, and issues such as late trains and unavailability of reserved seats still persist. 

"The significance of a passenger's time is undeniable. The unexpected delay caused substantial inconvenience and distress, particularly to the complainant who had a pivotal professional commitment. Although the purpose of the journey was not specified at the time of ticket booking, the railways, as a major Public Sector Undertaking, ought to prioritize timely and efficient service," the Bench noted.

The complainant, who is working as a Deputy Manager at Bosch Ltd, had booked a train journey from Ernakulam to Chennai, and hoped to reach on time for attending a meeting at Chennai.  The complainant averred that the train however, had a significant delay of 13 hours, causing much hardship to several passengers, including NEET aspirants and their parents. 

The complainant asserted that the railway authorities ought to have promptly communicated the delay, and made alternate arrangements for the passengers. He claimed that although he tried arranging alternative transportation, the same was not possible since the NEET exam had created a high demand for transport. He thus sought compensation amounting to Rs. 5 Lakhs for the alleged negligence and deficiency of service caused by the railway authorities. 

The Opposite Parties countered that trains are usually operated on the basis of a predetermined schedule, taking into account various factors such as track availability, station timings, passenger demands, and so on. It was added that occasinoally, factors such as track maintenance and signal failures would cause trains to divert, which would be resorted to only in case of there being no better alternatives to maintain the scheduled timings. In this case, the Oposite Parties submitted that the delay occurred due to the diversion of the train, due to yard remodelling work at Arakkonam, Chennai. 

It was also claimed that SMS notifications had been sent to all reserved passengers, including the complainant. It was added that a full refund was available to passengers, and that the purpose of the journey had not been specified at the time of booking of the ticket. 

The Bench noted that the accountability of the Indian Railways has been laid down by the Apex Court in North Western Railways & Ors. v. Sanjay Sukhla (2021), with respect to any negligence or deficiency in service. 

It was found that the unexpected delay of over 13 hours, coupled with inadequate prior communication, clearly amounted to deficiency in service in the present case.

The Bench thus held the Railways liable to pay a compensation of Rs. 60,000/- to the complainant for the mental agony and physical hardsips caused to the complainant, as well as towards the cost of proceedings. 

Advocate Suresh B.S. appeared on behalf of the complainant.

Case Title: Karthik Mohan v. Ministry of Indian Railways & Ors. 

Case Number: C.C. No. 248/ 2018

Click Here To Read/Download The Order