5 days ago
Railways Ordered to Pay ₹75,000 Over Crowded Reserved Berths
A family had paid for three reserved train berths.
When they boarded, many people without the proper reservations were using the reserved spaces and filling the coaches.
The family had to repeatedly ask people to move so they could use their own berths.
The crowded coaches also made it hard to walk around or reach the washroom.
The family complained through the RailMadad app and took photographs.
The Railways said its workers removed some unauthorised passengers, but it did not show enough proof to the commission.
The commission said the family did not receive the safe and reasonably comfortable journey they had paid for.
It ordered the Railways to pay the family ₹50,000 in compensation and ₹25,000 for legal costs.
A family travelling on the Kanyakumari-Pune Express said unauthorised passengers occupied their confirmed berths and crowded both coaches.
The parents and their son filed complaints through RailMadad and submitted photographs showing the overcrowding.
The Railways said staff had removed unauthorised passengers at different stations, but produced no supporting evidence before the commission.
The Palakkad District Consumer Commission found deficiency in service and awarded ₹50,000 for inconvenience and mental agony.
The Railways was also ordered to pay ₹25,000 in litigation costs within 45 days, or ₹500 monthly until payment.
- Who
- Parthasarathi T, Nirmala K T and their son Aditya T P; the respondent was the Railways.
- What
- The Palakkad District Consumer Commission ordered the Railways to pay ₹75,000 after finding deficiency in service over overcrowded reserved coaches and occupied berths.
- Where
- On the Kanyakumari-Pune Express, in coaches S2 and S6; the case was decided by the Palakkad District Consumer Commission.
- When
- The journey took place on December 10, 2023; the payment must be made within 45 days of the order.
- Why
- The commission found that the family could not properly use their confirmed berths or move comfortably through the overcrowded coaches.
Family and Commission
Railways
Handling of unauthorised passengers
Family and Commission
The family said unreserved, waitlisted and ticketless passengers occupied reserved berths and crowded the coaches, preventing them from comfortably using their reservations.
Railways
The Railways said its staff attended to the complaints and removed unauthorised passengers at different stations.
Proof of corrective action
Family and Commission
The family submitted RailMadad complaints and photographs as evidence of the overcrowding.
Railways
The commission said the Railways did not produce evidence, including testimony from the relevant staff, to prove that unauthorised passengers had actually been removed.
Responsibility for a reserved berth
Family and Commission
The family and supporting legal experts argued that a confirmed reservation creates an expectation of safe, reasonably comfortable and usable access to the berth.
Railways
The Railways' position, as reported, was that staff had responded to the complaints; the commission nevertheless found that the promised service had not been adequately provided.
Key facts
- Compensation
- ₹50,000 for deficiency in service, mental agony and inconvenience
- Litigation costs
- ₹25,000
- Train
- Kanyakumari-Pune Express
- Journey date
- December 10, 2023
- Coaches and berths
- The parents had lower berths in S2; their son had an upper berth in S6
- Evidence
- RailMadad complaints and photographs of the crowded coaches
- Payment deadline
- 45 days; failure triggers ₹500 for every month or part of a month until payment
Quotes
Mathuvanthy Mathavan
Partner at Poovayya & Co., commenting on the consumer commission's decision
“A confirmed reservation carries with it a legitimate expectation of a safe and reasonably comfortable journey”
businesstoday.in
Sources
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