DATE OF JUDGMENT:
02/09/2021
CORAM:
Hon’ble Justice MR Shah
Hon’ble Justice Aniruddha Bose
PARTIES:
Petitioner: Northern Western Railway and Anr
Respondent: Sanjay Shukla
SUBJECT
This judgment elucidates the liability of railway authorities in case of negligence or deficiency in its service. Inconvenience caused due to late arrivals may invite trouble for Indian Railways. More so, this judgement clearly states the need to improve the system and working culture of the Railways in an era of competition and accountability. One has to accept the responsibility.
OVERVIEW
- The respondent passenger, booked tickets for his family and himself from the Northern Western Railway for the journey between Krishnagar and Jammu Tawi on June 10, 2016. The train reached Jammu Tawi on June 11 in the morning.
- The passenger had to travel from Jammu to Srinagar in SpiceJet flight on 12 noon the same day. Due to the delay, he was unable to reach the scheduled flight. He then booked a private taxi and reached his destination.
- The District Forum directed the petitioner in the present case to pay the compensation of Rs. 15,000/- for taxi expenses, Rs.10,000/- towards booking expenses along with Rs. 5,000/- each towards mental agony and litigation expenses within a month from the date of its order. The same was confirmed by the National Commission. The Northern Western Railway filed a petition in the Supreme Court.
RELEVANT PROVISIONS
- Section. 2(11) of Consumer Protection Act 2019- Any defect or imperfection in the quality, appearance, or value of the goods or services sold is known as deficiency. This is a violation of the contract or the laws and regulations of the country.
- Rule 114 and 115 of Coaching Tariff No.25/Part-I- It provides that the railway does not guarantee the arrival or departure of trains. The passengers are bound by the time tables specified which are not guaranteed and the railways are not responsible for any delay or inconvenience caused by these events.
- Section 14 of the Consumer Protection Act 1986- It states that a consumer may be awarded compensation for any loss or injury suffered due to the negligence of another person and the district forum shall have the power to grant punitive damages in cases it deems fit.
ISSUE
- Are the passengers eligible to claim compensation for the agony suffered due to late arrival of the train?
ANALYSIS
- The railways were required to provide the evidence and explain the reason behind the late arrival of the train. The reason why the passenger needs to be paid is because of the undisputed fact that every passenger's time is precious and having the option of booking a further longer, alternative journey, is no solution.
- Railway officials are liable to pay compensation for delays unless it can be proved that the delay was caused by actions beyond their control or any actions justifiable.
- The special leave petition was dismissed by the Supreme Court stating that the State Commission and the District Forum have rightly held that the railway is liable to pay compensation to the passenger for the delay in receiving the goods or services. The passengers cannot be left to the mercy of the administration.
- Moreover, the court observed that competition is the only way to improve public transportation system. It has to improve its working culture by being accountable and adopting a uniform approach to operate.
CONCLUSION
Railways are a major Public Sector Undertaking in India. It is regulated by various legislative and administrative statutes. Despite this, the railways are still considered inefficient. Trains are unfathomably late, passenger holding a reserved ticket does not get the assigned seat. Many of the basic services of the railways are still unimplemented. Right to seek redressal is a fundamental right granted to consumers by the Indian Constitution and the Consumer Protection Act. It is the right of consumers to seek compensation for any loss or unfair practice.
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