Pay compensation to passengers: Forum, Issue of train arriving late

Dr Khushalchand Baheti

Aurangabad, April 12: The Consumer Forum at Thissur in Kerala recently ordered the railway authorities to pay compensation to three passengers as their train was delayed by six hours and there was no alternative provided by the railway station authorities.

In 2013, the three passengers were to travel by train in Kerala from Wadakkanchery to Payyanur. They came at the Railway Station well before the train time but the display boards at the station were showing train late. They made several enquiries with authorities about possible arrival time of the train. In spite of waiting for four hours at station, the authorities were unable to provide any additional details about the tentative arrival of the train or alternatives available to them. They were informed by someone that there are several trains from nearby Shornur Railway station to Payyanur. So, they travelled to Shornur and from their reached Payyanur. When they requested for refund of the ticket amount, it was turned down without any valid reason. The passengers then sent a notice through lawyer but the railway authorities did not reply.

Finally, they filed an application for compensation in Consumer Forum Thissur against station manager of Wadakkam and divisional commercial manager Pallakad.

The railway authorities submitted in the forum that the train was late due to unavoidable circumstances and operational reasons. Moreover, the passengers are not consumers as they have opted to travel by train on their own. The information to passengers about late arrival is given through display boards. Refusing to accept these contentions of the railways, the Forum held that keeping passengers in dark about late running of trains is deficiency in service. Earlier, it was held in 2014 that, the railway has to inform about the cancellation of trains to passengers so that they can avoid pains of reaching the railway station. Six hours late is as good as cancelled. The railway authorities failed to establish that the late running was due to reason beyond control of the authorities. Finally, consumer forum directed station master and commercial manager to pay Rs 5000 each to passenger as compensation.