‘Delayed’ pilgrimage, ‘missed’ rituals, Kerala woman wins Rs 30,000 payout

The commission observed that instead of denying the allegations of inconveniences caused to the complainant and the other co-passengers IRCTC was trying to find out a reason for justifying those inconveniences.

consumer court case IRCTCThe complainant alleged that the train was delayed by 17 hours. (Image generated using AI)

A district consumer commission in Kerala has held Indian Railway Catering and Tourism Corporation (IRCTC) guilty of deficiency in service and directed it to pay Rs 30,000 compensation to a woman after her pilgrimage travel to religious places in Uttar Pradesh was marred by delays, sudden changes in the boarding point and curtailed visits to key destinations.

President P V Jayarajan and members Preetha G Nair and Viju V R observed that the complainant suffered mental agony, emotional and financial loss due to the deficiency in service.

“The opposite party is directed to pay Rs 30,000 compensation for the mental agony along with Rs 3,000 being the cost of this proceedings to the complainant within one month from the date of receipt of this order,” the order read.

Pilgrimage trip gone wrong

The complainant had booked two tickets for the pilgrimage travel to the places covering Puri, Kashi, Ayodhya, Prayagraj Sangam in Uttar Pradesh, arranged by IRCTC. According to the complaint, the tour was originally scheduled to commence from Kochuveli railway station on December 10, 2022. The complainant alleged that IRCTC shifted the boarding point to Ernakulam, forcing the couple to hire a taxi at their own expense. They further said that the train eventually departed only at around 2 am on December 11 after a delay of nearly 17 hours.

The complainant further alleged that because of the delay, several promised destinations were skipped or their duration was reduced. She said the family was deprived of performing important religious rituals. The complaint also cited substandard accommodation, unhygienic food, and lack of proper guidance during the journey.

IRCTC denied the allegations and said that the change in the boarding point was necessitated by operational reasons of the Railways and that passengers had been informed in advance. It said refunds for travel between Kochuveli and Ernakulam were offered, waiting arrangements and meals were provided during the delay, and the disruptions were caused by railway operational issues and cyclone-related restrictions.

The commission observed that instead of denying the allegations of inconveniences caused to the complainant and the other co-passengers IRCTC was trying to find out a reason for justifying those inconveniences caused to the tour participants by narrating different situation which led to the inconvenience.

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After examining the evidence, the commission found IRCTC guilty of deficiency in service and held it liable to compensate the complainant. “From the averments in the written version filed by the opposite party itself, it is evident that the tour participants have suffered lot of inconveniences during the tour period,” the order read.

The commission therefore directed IRCTC to pay Rs 30,000 as compensation along with Rs 3,000 as litigation cost.

Takeaway

The ruling reinforces that tour operators cannot escape liability for poor planning and communication by blaming operational issues. It emphasised that package tour organisers are responsible for ensuring the promised itinerary is substantially delivered.

For consumer-related grievances, individuals may contact the consumer helpline in their respective states and Union territories (Kerala: 1800-425-1550) or call the National Consumer Helpline at 1915 for assistance.

 

Ashish Shaji is a Senior Sub-Editor at The Indian Express (Digital), where he specialises in legal journalism. Combining a formal education in law with years of editorial experience, Ashish covers court developments and key cases for the audience. Expertise Ashish is a law graduate (BA LLB) from IME Law College, CCSU. His work at The Indian Express focuses on translating the often-dense proceedings of courts into clear, legal content. He also runs liveblogs from the Supreme Court and various High Courts. Industry Experience: With over 5 years in the field, Ashish has contributed to several niche legal and professional platforms, honing his ability to communicate complex information. His previous experience includes: Lawsikho: Gaining insights into legal education and practical law. Verdictum: Focusing on high-quality legal news and court updates. Enterslice: Working at the intersection of legal, financial, and advisory services. ... Read More

 

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