A nearly nine-hour delay in a train journey has resulted in a Rs 35,000 compensation order against the Railways, after a Jharkhand consumer commission found that the prolonged delay caused physical, mental and financial harassment to a passenger.
The Indian Express reported that the Seraikella District Consumer Disputes Redressal Commission directed the South Eastern Railway to pay Rs 30,000 as compensation and Rs 5,000 towards litigation costs.
The order was passed on September 2 by commission president Sunil Kumar Singh and members Pradeep Kumar Mishra and Sanju Shahi.
Train reached destination 8 hours 48 minutes late
According to The Indian Express, the passenger had booked two sleeper-class tickets on the Ispat Express for travel from Tatanagar to Sambalpur in September 2024. The train was scheduled to leave Tatanagar at 10:18 am and reach Sambalpur at 3:50 pm.
However, the train allegedly ran substantially behind schedule. It eventually reached Sambalpur after a delay of 528 minutes, or 8 hours and 48 minutes.
The passenger claimed that the prolonged delay caused him physical, mental and financial hardship. He subsequently issued a legal notice to railway officials before approaching the consumer commission, seeking Rs 4.5 lakh in damages.
Railways challenged consumer commission’s jurisdiction
The Railways opposed the complaint and argued that the passenger had not produced sufficient evidence to establish any material loss or damage caused by the delay.
It also contended that the dispute should be dealt with under the Railway Claims Tribunal Act, 1987, rather than before a consumer commission.
The commission rejected this argument.
It relied on a Supreme Court ruling recognising the jurisdiction of consumer forums to entertain such complaints and proceeded to examine whether the passenger had established deficiency in service.
Commission holds Railways responsible
The commission found that the passenger had supported his case with clear and convincing evidence.
It also noted that the Railways had failed to establish that the delay was caused by circumstances beyond its control.
The commission concluded that the prolonged delay had resulted in physical, mental and financial harassment and amounted to deficiency in service.
“Due to late running of train… complainant suffered physical mental and financial harassment,” the commission observed, holding that he was entitled to compensation.
The Railways was directed to pay Rs 35,000 in total: Rs 30,000 as compensation and Rs 5,000 as litigation costs. The amount must be paid within 45 days of the order.
If the payment is not made within that period, the amount will carry 12% annual interest from the date of the order until realisation.
What does the ruling mean for train passengers?
The case highlights that a prolonged train delay can, in appropriate circumstances, give rise to a consumer claim when the passenger is able to establish physical, mental or financial harassment and deficiency in service.
For passengers seeking compensation, records showing the scheduled and actual journey times, tickets, correspondence with railway authorities and evidence of expenses or other hardship can be important in establishing the claim.
The ruling also shows that the Railways’ jurisdictional objection does not automatically prevent a consumer commission from examining a complaint relating to deficient railway services.