The Hindu : S. Railways ordered to pay compensation

Online edition of India's National Newspaper
Friday, Apr 18, 2003

Southern States

Southern States - Kerala-Thiruvananthapuram

S. Railways ordered to pay compensation

By Our Staff Reporter

THIRUVANANTHAPURAM APRIL 17. The District Consumer Disputes Redressal Forum here has ordered the Southern Railways to pay Rs. 1,44,500 in all as compensation to 17 passengers, who had to undergo a long and miserable journey to New Jalpaiguri in an old second class compartment, despite having booked tickets for travelling in three-tier air-conditioned coaches.

The complaint was brought before the Forum by K. V. Unnikrishnan Nair, Technical officer at Regional Research Laboratory, A. S. Ajith, S. Ajith, K. Harikumar, all Canara Bank employees and P. Narayanan Potti, a merchant navy engineer, all of whom as a group had gone on a pleasure trip to New Jalpaiguri in Gauhati Express along with their families.

The complainants had booked tickets in the same three-tier air-conditioned compartment for comfortable travel on April 9, 2000. They were surprised that instead of the air-conditioned coach, they were allotted a `dilapidated' second class compartment.

The complainants pointed out in their case that the one of the toilets was under maintenance and that the doors of the others did not close properly. There was no water in the toilet and it was filled only when the train reached Vijayawada. The fans in the compartment were not working and the windows also did not shut properly. The seats had no cushion. The complainants said that they did not take any bedding with them as these are normally provided in A/C coaches.

They claimed that the TTR was not available and that throughout the journey, they had made their case out to railway officials at various stations. But nothing was done to rectify the situation.

They had to make the two days-three nights journey in a miserable condition. On the way it rained heavily and the water poured into the compartment. The complainants sought a refund of ticket fare but were given only a part. They demanded that the Railways compensate them for the miserable journey they had to undertake.

The Southern Railway representatives admitted that there was no A/C coach on the train on the particular day. They contended that the A/C coach was not sent from Gauhati. Only the coach in the incoming train can be sent back and due to operational reasons, the particular coach was not available on that day. This coach was a vacuum brake coach instead of the normal air-brake A/C coach.

They disputed the fact that the complainants had raised the matter with Railway officials on the way and that none helped them. They claimed that the primary responsibility in this case was that of North Frontier Railways and that all the complaints raised by passengers were exaggerated. The necessary refund had already been given and the passengers were not entitled to any compensation, it was claimed.

The Forum pointed out that the case was maintainable and that even if the North Frontier Railways was to be blamed, the tickets were booked from Thiruvananthapuram. Hence the complainants had the right to raise the issue with the Railways here and that mere technicalities would not affect the complainant's claim.

The complainants claimed that they would have cancelled the journey in normal circumstances, but they had made advance bookings with travel agents and hotels in various places for the group and all arrangements could not be cancelled abruptly. The complainants said that they proceeded on the journey hoping that they could rectify the situation on the way.

The Forum pointed out that when passengers are paying for a comfortable journey, it was the responsibility of the Railways to provide it. Ordinary passengers need not be bothered about the technical reasons as to why the A/C coach was not available.

The Forum on examination of witnesses concluded that the complainants' case was genuine. The fact that they had bothered to fight the case at the consumer forum was proof that they had a harrowing experience, it said.

The Forum ordered that each passenger should be entitled to a compensation of Rs. 8,500 and costs, at Rs. 1,000 each. The Railways was ordered to pay further, Rs. 300 each towards refund of fare.

Printer friendly page
Send this article to Friends by E-Mail

Southern States

Stories in this Section

Drug shortage hampers efforts to tackle SARS

Zero waste centre to go on stream from June

Vignettes of a regal past

Film industry sore at Govt. apathy

S. Railways ordered to pay compensation