Man gets Rs 75,000 for losing lower berth in train

The man alleged that when the train stopped at Bina junction in Madhya Pradesh, some ‘unauthorised people’ entered and occupied his berth, causing him ‘knee pain and stress’

Written by Manish Raj | New Delhi | Published: June 14, 2017 1:22 am
Indian Railways, Indian Railways news, Suresh Prabhu, Complaints against Indian Railways, India Railways news, Indian Railways twitter handle, India news, National news, Latest news, Delhi state consumer forum upholds earlier order

Upholding an order passed by a district forum, the Delhi state consumer forum has directed the Railways Ministry to pay Rs 75,000 as compensation to a city resident as “railway administration failed to prevent unauthorised entry” in a reserved compartment.

The complainant said he had booked a lower berth — while travelling via the Link Dakshin Express on March 30, 2013 — as he was suffering from knee pain. He alleged that when the train stopped at Bina junction in Madhya Pradesh, some “unauthorised people” entered and occupied his berth.

The complainant alleged that he was forced to keep standing, which worsened his knee pain. None of the officials or Travelling Ticket Examiner (TTE) could be found at the time, the complainant alleged. Claiming that he underwent “a lot of mental stress because of the inconvenience during the journey”, the man moved the district consumer forum claiming Rs 20 lakh as compensation.

Despite being served notice, the ministry (through General Manager of Railways, Railway Bhawan and Divisional Railway Manger, Baroda House) failed to appear before the forum, and was set ex-parte (proceedings to continue in their absence).

The district forum, in its order passed in 2014, said, “We hold the opposite party (the ministry) to pay Rs 75,000 as compensation for harassment, mental agony, physical discomfort and litigation expenses.

We direct Rs 25,000 be deducted from the salary of the TTE who was deputed in the compartment.” The complainant then filed an appeal in the state consumer forum for enhanced compensation. During the proceedings, the counsel for the Railways said the order of the forum could be set aside as the Railways’ arguments were not heard in the matter.

A bench of Justice Veena Birbal and Member, Salma Noor, said, “The respondent was given a chance to contest the case and it did not avail the opportunity.” The bench, however, dismissed the plea for enhancement of compensation.

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  1. S
    Jun 14, 2017 at 4:53 pm
    Indian railway is not going to take action in such matters if such paltry amount is given as compensation by consumer courts, and that too after years of running around the courts. American style millions of dollars in compensation should be awarded to bring government departments to their sense.
    1. V
      Jun 14, 2017 at 5:08 pm
      Indian Railways is not going to pay. What can the consumer court do? These days it is quite possible that courts orders are not followed.
    2. Joykutty Cherian
      Jun 14, 2017 at 1:11 pm
      Good fighting. This should be a lesson for all irresponsible government authorities, across India. Appreciate the complainant for his exemplary endeavor.
      1. A
        Jun 14, 2017 at 10:22 am
        Thanks to Mr Manish Raj for public litigation, Distt. Court forum the honourable judge for timely decision, it is a common scene in Indian railways scene daily,TTE Rly security in central northern area are least bothered for timely response during travelling enjoy their job, ry very much, even railways from april17 now is allowing to travel in reserved bogies in day time charging extra ,thus humiliating the travellers having reserved tickets, every possible nook corners of service to travellers are sided earning revenue is the main objective, Indian railways is losing its hold on administration has started outsourcing all events, for this we are only responsible the day is not far when Indian railways will be having its privatisation partly or fully situations will decide, my suggestion keep menace to curb such situation.
        1. J
          Jun 14, 2017 at 10:20 am
          This always happens, especially in the northern sector. It is good that someone take up the matter with the court.
          1. P
            Purushottam kumar
            Jun 14, 2017 at 9:41 am
            Railways should now ensure that duty officer(TTE) should be present all the time in the compartment. Secondly duty officers phone no should also be made available to the travellers so that one can get in touch if the need be.
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