Train ‘delayed’ by nearly 9 hours, Jharkhand man wins Rs 35,000 payout from railways

According to the case records, the complainant had booked two sleeper class tickets on Ispat Express to travel from Tatanagar to Sambalpur, but the train arrived after a delay of 8 hours and 48 minutes.

jharkhand consumer commission train delay railwaysRailways contested the complaint, arguing that the man failed to furnish any substantial evidence demonstrating material loss or damage due to the alleged delay. (AI-generated image)

A consumer commission in Jharkhand has directed the South Eastern Railway to pay Rs 35,000 to a passenger after a train was allegedly delayed by nearly nine hours.

President Sunil Kumar Singh and members Pradeep Kumar Mishra and Sanju Shahi of the Seraikella District Consumer Disputes Redressal Commission observed on September 2 that the complainant suffered physical, mental and financial harassment due to the delay.

“We are of considered view that the complainant has proved his case by cogent and convincing evidence that due to late running of train by OP’s complainant suffered physical mental and financial harassment and accordingly complainant is entitled to compensation from the (South Eastern Railway) for their deficiency in service,” the order read.

2 tickets to Sambalpur

According to the case records, the complainant had booked two sleeper class tickets on the Ispat Express to travel from Tatanagar to Sambalpur in September 2024. The train was scheduled to depart Tatanagar at 10.18 am and reach Sambalpur at 3.50 pm. However, the train allegedly departed late and arrived in Sambalpur with a total delay of 528 minutes (8 hours and 48 minutes).

Citing physical, mental, and financial harassment, the complainant served a legal notice to railway officials before filing a consumer complaint seeking Rs 4,50,000 in damages.

Railways contested the complaint, arguing that the man failed to furnish any substantial evidence demonstrating material loss or damage due to the alleged delay. It was further stated that the complaint fell under the jurisdiction of the Railway Claims Tribunal Act, 1987, rather than the consumer forum.

The commission rejected the jurisdictional argument of the railways and relied on the Supreme Court’s ruling, which held that it has jurisdiction to try such a case. It further noted that the railways failed to establish that the train delay was beyond its control.

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It held that the complainant proved his case with clear and convincing evidence, and directed the railways to pay him a compensation of Rs 30,000 for harassment and Rs 5,000 as litigation cost.

“OPs directed to pay above amount to the complainant within 45 days from the date of passing of this order failing which the same will be realized through due process of law with an interest of 12 pecent per annum from date of passing of order till date of realization,” the order read.

Takeaway

The case highlights that prolonged train delays causing physical, mental, or financial harassment can amount to deficiency in service, making passengers entitled to compensation.

For consumer-related grievances, individuals can contact the consumer helpline in their respective states and Union territories (Jharkhand: 1800-3456-598) or call the National Consumer Helpline at 1915 for assistance.

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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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