Rly held responsible for passengers’ discomfort

Consumer forum observed that inaction on part of railways authorities had caused hardship to nine passengers; orders Rs 5,000 compensation for each of them

Yogesh Avasthi
Posted On Saturday, December 03, 2011 (http://www.ahmedabadmirror.com/article/3/20111203201112030300121748fea0c78/Rly-held-responsible-for-passengers%E2%80%99-discomfort.html)
If you face inconvenience due to unauthorised passengers while travelling on a reserved berth in the train, you can make railways authorities accountable and even get a compensation.
Vadibhai Maganlal Thakkar and eight other senior citizens from Gandhinagar went through a similar ordeal during their 38-hour-long journey from Varanasi to Ahmedabad. They approached Gandhinagar district consumer disputes redressal forum against the railways authorities and made them pay for their indifference and deficient services.
Taking up their plea, the forum directed railways authorities to pay a compensation of Rs 5,000 to each of them, along with the expenses incurred for filing the complaint.
Holding railway authorities accountable for deficiency of service and causing mental harassment to the passengers, the forum ordered the authorities to pay an interest of 9 per cent with effect from the date when the complaint was made.

Ordeal due to unauthorised travellers
On July 6, 2010, Thakkar, Rasikbhai Brahmbhatt and seven other senior citizens, had boarded Sabarmati Express from Varanasi. All had confirmed tickets and occupied their berth before the train left for Ahmedabad. However, as the train came to halt at Faizabad, about 100 passengers got into their compartment and occupied space on the berth and in the aisle.
In their complaint, Thakkar and others claimed that the passengers, who did not have a valid ticket for the said coach, blocked the passage to the toilet and littered all over the coach. They caused great inconvenience to passengers, many of whom were senior citizens and suffered from serious ailments.
What added to their woes, was that the Travelling Ticket Examiner and other railway personnel ignored their complaints and declined to ask the passengers to disembark and occupy another compartment.
Blaming authorities for their callous approach, the application mentioned that one of the senior citizens Purshottam Thakkar, who got down to lodge a formal complaint at Jhansi railway station, was even manhandled by a railways officials.
Later on July 11, 2010, Thakkar and some other passengers sent a complaint to the railways authorities seeking a compensation of Rs 50,000 but the authorities took no action.

Railways response
Railways authorities, on the other hand, submitted before the forum that no complaint was made to the authorities or the TTE by the applicants.
Referring to the provisions of Indian Railway Act, 1989, they mentioned that a penalty could be imposed against those found travelling without a ticket. Besides it was for the ticket checker to deal with the complaints with regard to unauthorised passengers.
The forum, however, observed that the inaction on the part of railways authorities had led to mental harassment and inconvenience to the passengers. Therefore, the authorities should compensate them.

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