Failure of a public transport authority to intimate passengers about a change in train schedule, despite claims of general publicity, constitutes a deficiency in service.

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI. P.V. JAYARAJAN : PRESIDENT

SMT. PREETHA G. NAIR : MEMBER

SRI. VIJU V.R. : MEMBER

C.C. No. 471/2019 (Filed on 21/12/2019)

ORDER DATED: 21/07/2026

Complainant:

Prasanthakumar.P, S/o Prabhakaran Nair, Sreelekshmi, Thoppumukku, Ookkode P.O,

Thiruvanathapuram-695020

(By Advs.Gadha.S.Nair & Pradeep Lal.S)

Opposite parties:

1. The General Manager. 1st Floor, NGO Main Building, Southern Railway, Park Town, Chennai, Tamil Nadu, Pin-600 003.

2. The Divisional Manager, Thiruvananthapuram Division, Railway Divisional Office Buildig, Thycaud, Thiruvananthapuram, Pin-695 014.

(By Adv.Abhishek.R.V)

ORDER

SRI. VIJU V.R : MEMBER

The complainant has presented this complaint before this Commission under Section 12 of the Consumer Protection Act 1986. The brief facts of the case is that the complainant along with his family and his friend’s family which consists of 10 members decided to visit Mookambika Temple for which the complainant had booked tickets to and fro through the online web site ‘IRCTC RAIL CONNECT’ on 08/10/2019. The complainant booked tickets for traveling from Trivandrum CNTL to Mangaluru CNTL in Malabar express on 01/11/2019 for a total fare of Rs.3,490/- and for return journey in train NZM TVC SF EXP on 03/11/2019 for a total fare of Rs.3,740/-. The ticket charges along with internet charges has been deducted from the complainant’s account through four transactions. On 03/11/2019 the complainant along with his family and friends reached Mangaluru Railway station at 5.00 pm for their return journey to Thiruvananthapuram and the complainant searched the application ‘Where is my Train’ for knowing the exact time when NZM TVC SF EXP (22634) will reach Mangaluru CNTL, and is shown as 5.40 pm. Till 5.30 pm no announcement was made about the NZM TVC SF EXP (22634) Train and the complainant enquired at the enquiry counter and came to know that the train timing has been changed without prior intimation to the passengers and the NZM TVC SF EXP (22634) Train left Mangaluru Station at 2.50 pm on 03/11/2019 ie; 2 hours 50 minutes before the schedule time. This rescheduling of time was not informed to the complainant who had booked the tickets in advance. The complainant reported the matter to the Station Master and asked in him to arrange alternative travel in some other train, but no action was taken by the Station Master. At last the complainant and other passengers took General class tickets in Antyodaya Express and started the return travel at 8.00 pm on 03/11/2019 after spending an amount of Rs.2,200/-. The act of the opposite parties 1 and 2 amounts to deficiency in service, hence this complaint.

The opposite parties 1 and 2 entered appearance and filed version. The opposite parties1 and 2 has averred that the complaint is not maintainable either in law or on facts. The Railways run trains daily throughout India. During Monsoon season to adjust the running of trains due to poor visibility of signals, trains are run from 10th of June to 31st of October as per monsoon timetable. From 1st of November non-monsoon timetable comes into effect. Regarding the changes in the timetable the Railway usually give wide publicity in newspapers and dailies before the start of monsoons. Railways sends SMS messages to all passengers who had booked tickets about the scheduled departure time of trains from their respective stations. Time of Departure is not sent as a message to the passenger by IRCTC during the period of change of timetable. But a note to check Non-Monsoon Timetable from 01/11/2019 is given. This note to check the timings is printed on Computer Printed Reservation tickets and also sent to passengers who booked tickets online. The complainant has not checked the Non-Monsoon Timetable which had commenced from 01/11/2019. The complainant had checked an App named "Where is My Train” to check the timing a