Kerala man misses train due to departure ‘before’ scheduled time, wins Rs 31,000

Early departure

The complainant stated that he, his family and his friends’ family had booked train tickets for a group of 10 people travelling from Thiruvananthapuram to Mookambika Temple. The onward journey was on the Malabar Express while the return journey from Mangaluru to Thiruvananthapuram was booked on the Nizamuddin–Thiruvananthapuram Superfast Express.

The complainant said that when the group reached Mangaluru railway station around 5 pm on November 3, he checked the “Where is My Train” mobile application, which showed the train would arrive at 5: 40 pm. However, after making enquiries at the station, he learnt that the train had already departed at 2.50 pm, about two hours and 50 minutes before time. He alleged that no prior intimation had been given about the revised departure schedule. With no alternative arranged by railway authorities, the group purchased general class tickets on the Antyodaya Express for Rs 2,200 to return home.

Feeling aggrieved, the complainant moved consumer commission seeking refund and compensation.

Southern Railway contested the complaint, arguing that the change was part of the annual switch from the monsoon timetable to the non-monsoon timetable effective from November 1. It claimed that wide publicity is given through newspapers about the change in timetables and that passengers booking tickets online were sent a note advising them to check the revised timetable. It also contended that the complainant relied on a private application, “Where is My Train”, instead of the Railways’ official National Train Enquiry System (NTES).

The commission observed that the Railways failed to prove about its prior intimation to the passengers regarding train timings. It noted that the passengers have the right to timely and quality services and they shouldn’t be subjected to the whims and fancies of the administration, adding that the railways must provide valid reasons for the early departure of the train.

The commission emphasised that the system and the working culture of the public transportation needs to improve if it has to survive, stating that the passengers cannot be at the mercy of the authorities.

It therefore directed Southern Railway and the Thiruvananthapuram division to jointly and severally refund the ticket fare and pay Rs 25,000 as compensation for the mental agony. It also awarded Rs 3,000 as litigation costs.

Takeaway

The order underscores that failure to communicate significant changes such as an advance in departure time amounts to deficiency in service, making transport authorities liable to compensate affected passengers.

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.