The Ernakulam District Consumer Disputes Redressal Commission in Kerala has fined the Indian Railways ₹60,000 for “serious deficiency in service and unfair practices causing the complainant inconvenience, mental agony, hardship and financial loss” owing to the delay of the Chennai-Alappuzha Express by 13 hours.
The commission comprising president D.B. Binu and members V. Ramachandran and Sreevidhia T.N. issued the verdict “reaffirming the principles of accountability, especially for institutions that form the backbone of a nation’s connectivity and economy.”
“Despite being a significant public sector undertaking (PSU) and being governed by various laws, the Indian Railways often fail to provide efficient services. Issues such as late trains and unavailability of reserved seats persist. Consumers right to redressal, as highlighted in the Consumer Protection Act, ensures they can seek compensation for losses or unfair practices,” the commission observed.
The complainant, Karthik Mohan of Chennai, had booked a ticket in train no 22640 from Ernakulum to Chennai for “an important meeting” in May 2018. However, the train was delayed by more than I3 hours, disrupting not only his plans but it also caused distress to many other passengers, including NEET candidates and their parents, he said.
The complainant asserted that the railway authorities should have communicated the delay promptly and made alternative arrangements for passengers. He sought a compensation of ₹5 lakh for the inconvenience, stress, and financial losses incurred, particularly due to the cancellation of an important professional meeting.
‘Unforeseen circumstances’
However, the opposite parties, including the Union Ministry of Railways, pointed out that unforeseen circumstances such as track maintenance, signal failures, accidents, or acts of nature occasionally forced diversion or cancellation of trains when there were no better alternatives to maintain the scheduled timings.
In the above case, train no 22640 was rescheduled to depart from the Alappuzha station due to the late arrival of its pairing train. The delay was caused by the diversion of the train through Villuppuram and Katpadi due to yard remodelling work at Arakkonam in the Chennai Division, a safety-related necessity. They claimed that SMS notifications were sent to all reserved passengers, including the complainant, to inform them of the delay. They further pointed out that a full refund was available to passengers and dubbed the complaint as false, frivolous, and vexatious.
The complainant argued that he could not arrange alternative travel owing to the rush caused by the NEET exam. If the railway authorities had communicated the delay earlier, passengers could have made alternative arrangements, he said.
