The main legal point established in the judgment is that the Railways committed deficiency in service and unfair trade practice by collecting the fare of an express train and converting it into a passenger train without issuing notifications or refunding the excess amount collected.

ORDER :

Mrs. Justice B.S. Indrakala, President-The above appeal is preferred challenging the order dated 17.8.2011 passed in Consumer Complaint No. 07/2014 on the file of District Consumer Disputes Redressal Forum, Mandya.

2. For the sake of convenience the parties herein are referred to by their respective rank as arrayed before the District Forum.

3. The complainant lodged the said complaint alleging that on 9.12.2010 the complainant had bought the ticket for travelling in Chamundi Express from Mandya to Bangalore which was scheduled to leave Mandya Railway Station at 7.35 a.m. but, the train arrived at Mandya Railway Station at 7.55 a.m. hoping that 20 minutes will be made up during travelling, the complainant got into the train which was over-crowded.

4. It is specifically pleaded by the complainant that though at large the express train having limited seats till it reach Bangalore, the said train stayed at each Railway Station and reached Bangalore only at about 10.25 a.m. and there was a delay of 45 minutes. In the circumstances, as the said train made to run like a passenger train though it was express train, there is deficiency in service on the part of OP and thus seeks awarding compensation towards loss he undergone and cost.

5. The OP entered appearance through Advocate and contested the case on merits and pleaded that the train ticket purchased by the complainant is only for express train and not for other train; despite train running on time, the delay was caused and such delay of express train, as scheduled Railways are not held responsible to pay compensation, etc., and sought dismissal of the complaint.

6. Considering the evidence of both parties and on hearing the arguments District Forum deemed it fit to allow the complaint in-part by awarding Rs. 15,000 as compensation from the OPs.

7. Being, aggrieved by the said order, the OPs are in appeal inter alia contending amongst other grounds contending that Chapter VII of the Railways Act deals with the Carriage of passengers and Section 60 of the said Chapter VII of the Railways Act enable the Railways to frame Rules-with regard to Carriage of Passengers Rule 115 of the said Rules reads as hereunder:

“Railways do not guarantee the arrival or departure of trains at the times specified in the Time Tables published by the Railways. Nor will they be accountable for any loss or inconvenience which may arise to passengers from delays or detention to themselves or their luggage”

And thus contended that, for the delay caused in arrival of the train, the District Forum ought not to have come to the conclusion that there had been deficiency in service rendered by the Railways.

8. It is further contended that the delay in arrival of the Train No. 6215 was because of unavoidable reason and the decision to make unscheduled stops was made in the interest of public. When the Railways take a decision in aid of the public at large, the negligible delay or a few unscheduled stops, the District Forum ought not to have come to the conclusion that there had been deficiency in service rendered by the Railways.

9. Further it is contended that the reason given by the District Forum for awarding compensation is wholly untenable; as there was no delay caused and the Railways constantly making announcement in the public address system about the delay of the trains, the observation of District Forum is not proper and seeks allowing of the appeal and to dismiss the complaint.

10. The Respondent in person submits that though the Railways are at liberty to re-schedule the train in the interest of public at large, they ought to have issued the tickets to the passenger train without collecting the excess charges for express train. It is further submitted that though the schedule time of train to leave the platform of Mandya was at 7.35 a.m., they were issuing the tickets even at 7.47 a.m. much beyond the time of departure; there were no announcement with regard to converting of express train into passenger