Travelling in trains has been a pain since ages. Along with many discomforts, you have to lose your reserved seat sometimes just because someone else comes and starts requesting you. Well, you don’t need to put yourself in difficulty if you know that you’ve the power against it.
Vijay Kumar, a Delhi resident, filed a complaint as he had to lose the lower berth seat to someone which he reserved for himself. Upholding an order passed by a district forum, The Delhi State Consumer Disputes Redressal Commission (SCDRC) has directed the Railways Ministry to pay Rs 75,000 as compensation to him as “railway administration failed to prevent unauthorised entry” in a reserved compartment.
As per the complainant, he had booked a lower berth for travelling by Dakshin Express on March 30, 2013 from Vishakhapatnam to New Delhi. He said that when the train stopped at Bina Junction in Madhya Pradesh, some “unauthorised people” entered and occupied his berth.
This led in increasing the difficulties of the complainant who was forced to keep standing despite the 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, 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 on 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.
While it’s good to know that justice prevailed somewhere in India, we hope there comes a day when things like these stop happening. There should be a proper system to help the people enjoy what they have rightfully and enforce others to follow the rules. What do you think?
