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hari_om (CONSULTANT)     02 June 2012

Consumer case against indian railways

Honourable Friends,

On 9th May I had booked two Tatkal Railway ticket (from Bangalore City to H Nizamuddin) which at the time of Booking was under waiting 5 & 6.

Train departure time was 8:20 PM (on 10th May). As ticket was under tatkal waiting I was not sure whether it will get confirmed or not, hence I opted to wait for chart preparation which was prepared at 6:55 PM (I was checking online) on 10th May.

On chart preparation my tickets got confirmed, but due to delay in chart preparation I was left with 1 hour 15 minutes to reach Bangalore Railway station and Board the train. I quickly took a taxi and started for Railway station, but as this time is peak traffic time, I reached outside station at 8:20 PM and was not able to board train.

This all happened due to delay in chart preparation (was prepared only 1 hour 20 minutes before train departure time).

Now as ticket was booked under tatkal quota, as per rules I will not get any refund.

(On same train again I booked tatkal for next day with waiting as 3 & 4, which did not got confirmed, interestingly that day chart was prepared at 6: 20 PM that is 2 hours before train departure time, aginan I was not able to board train as ticket was not confirmed and as after chart preparation it was under waiting I got refund also for that)

After that I was not having any other option but to book air tickets (as 2 days were already wasted) I spent Rs. 33,524/- in air tickets.

Query: As all this chaos happened due to delay in chart preparation (I have to flush additional 35 to 40000 Rs) can I file a consumer case against Indian Railways if yes what is the process, if there is is any other way to proceed with please let me know.

Thank you.

Hari



Learning

 16 Replies

Rabin Pal (Partner)     03 June 2012

Mr. Hari,

Although I am not an expart, in my humble view, you should not waste time and money to file a consumer complaint.

You should have been more vigilant and should have come to the station earlier, without waiting at home for confirmation of reservation, and keep watch from the station premises about the confirmation, when you knew about the total forfeiture of ticket fair.

Rabin


(Guest)

Don't think to go Consumar Forum- Under Railways Act- This type of matters should be entertain by Rail Tribunal.

If you filed complaint under Consumar Forum. Than rail deptt. will appeal against you that you are not entitle to claim in such way.

our matter is very week.

But in spite of- If you want to get any type of relief than you have to file complaint in railway tribunal. You may file complaint through Registered post. no needs to appear personally.

Gentleman 77 (financial )     04 June 2012

Dear Mr Hari,

At the first glance you seem to be in a big mess up by yourself and secondly you are living in a big imaginary world of yourself which has reality base.

It is your falt to go by late to the station and you blame others. If Railways are like international carriers, they would have kept a time requirement of 2 hours before to report at the station. Then what could have done ?? You would have simply kept your mouth shut. These Indian Railways are not like Euro trinas who run for profit, but ours run for service at lowest cost which is not even possible anywhere in the world, not even on Moon.

As far as your damage claim is concerned, that you are claiming ( or intended to claim) to be reimbursed to the extent of Rs40,000.00 for your Air ticket. Wow what a joke it is. Because you missed your train, the railways should pay you for your air ticket. Where did you get this logic from ???

I just wanna know what are you basically ??? You are a lawyer ?? or a student or a business man ?? or a lunatic ??

If you are a student, I will forgive you. If you belong to any other categories you donot deserve any sympathy. Even Lunatics have systematic approach.

For god sake do not waste this kind of a valuble platform of this website to your absurd ( still a small expression) thinking or what you may call ideology.

Be better next time

G.S.REDDY

HYDERABAD

09848948901

 

Mahendra Vadia (+91 9825307466)     06 June 2012

Dear Mr. Hari,

I have full sympathy with you. It's railway department's fault in preparing chart late and for that you are entitled to claim damages. However, your damages might be limited to the tune of railway fare that you paid. You can not possibly get the airfare which you had to incur. However, I would advise you to file a claim for that too. 

The complaint can be filed in the District Consumer Disputes Redressal Forum at Bangalore, where the cause of action and deficiency of services have arisen on the part of the opponents. As the opponents are Government Department, you must issue a notice to them under Section 80 of the CPC before filing any complaint.

You may file the complaint through any local advocate or contact me on my mobile No. +91 9825307466 for further action and assistance in drafting.

I am already engaged in various consumer complaints against the Indian Railways and the District Consumer Disputes Redressal Forum does have jurisdiction to grant proper relief and resolve the complaint of a railway passenger.

Wish you good luck.

Advocate Mahendra Vadia. 

Advocate Bhartesh goyal (advocate)     08 July 2012

Mr R K Prajapati is absolutely right.Complaint agaist Railway is not maintainablein DCRF.File complaint before Railway Tribunal.

Sudhir Kumar, Advocate (Advocate)     21 July 2012

Rarel;y consumer forum reject complaints with heavy fine.  Your may be such case. Railway never wanted you to wait for charting and then chekc on internet and then start fro Rly Stn from anywhereon the earth you are.  railway owed no responsibility of traffic clearance.

 

You missed train not due to delay in charting but delay in reaching the Station. Railway do not own up damages due to alternative mode of travel even if they have to cencel the train. They only refund the fare.

 

Appear to be firt time rail traveller.

Deepika Malik (Student)     28 September 2014

Hi I had a exam on 14th sept of UP Si mains exam but my train in which i am travelling got late by two hours due to which i had missed my exam which came after my three years struggle. I had already passed pre exam and physical exam. Please suggest me eithe to file a case against indian railwaysm or not. I am feeling helpless. Please provide your imporant views.

Regards

Deepika Malik

123456789   24 June 2015

mera laptop chori gya train me maine case file karne ka socha hai Consumer Court Bhopal me kiske viruddh case file hoga Mera laptop chori Katni station Madhya Pradesh me hua  aur mujhe abhi tak itna pata chala hai ki zonal office k viruddh likhna hoga sath hi kya aur koi office bhi hai jiske virruddh ye case file hoga kripya ANAVEDAK KA SAHI OFFICE AUR DEPARTMENT sambandhit jankari dewe.please reply ASAP

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     25 June 2015

No section in the Consumer Protection Act covers your case. The service of the railways is to carry you from one place to another within the railways system. The service doesn't include keeping watch over your property. You could have filed a complaint with the Railway Police. and you could have congratulated yourself if you had got your laptop back. You cannot claim compensation if they are not able to recover. Check with insurance companies whether they insure against theft or loss of items carried by passengers along with them in trains. If such insurance is available you purchase a new laptop and insure it the next time you travel by train. If your laptop is stolen again and the insurance company does not pay you, you can ceratinly go to the consumer court. The first message was posted by another person 3 years ago. This is the third complaint under the same post. The original title of this post should have been "Funny and amusing claims against the Railways. Complaints are invited with no time limitation."

Sudhir Kumar, Advocate (Advocate)     26 June 2015

agreed with Dr Ramani

Yogesh   13 October 2015

Hello 123456789,

My laptop was also stolen from a reserved sleeper class compartment, I filed a case in Consumer Forum in Hyderabad and won a Judgement of 32000, rupees. I would heavily encourage you to file the case against railways and fight for your rights and services you expect.

Railways is a corrupt organization, Simply people are not paying crores of rupees of bribe to become board of directors.

 

Aapko koi help chaahiye to mujhe batana, I can send you my case details copy of judgement.

Railways paid the amount and case setteled now.

Yogesh   13 October 2015

Hi hari_om,

I think you should file a case, I do agree there is deficiency in service from Railways in not preparing chart before 2 hrs.

 

-Yogesh

Yogesh   13 October 2015

Originally posted by : 123456789

mera laptop chori gya train me maine case file karne ka socha hai Consumer Court Bhopal me kiske viruddh case file hoga Mera laptop chori Katni station Madhya Pradesh me hua  aur mujhe abhi tak itna pata chala hai ki zonal office k viruddh likhna hoga sath hi kya aur koi office bhi hai jiske virruddh ye case file hoga kripya ANAVEDAK KA SAHI OFFICE AUR DEPARTMENT sambandhit jankari dewe.please reply ASAP

 

 

Hello 123456789,

My laptop was also stolen from a reserved sleeper class compartment, I filed a case in Consumer Forum in Hyderabad and won a Judgement of 32000, rupees. I would heavily encourage you to file the case against railways and fight for your rights and services you expect.

Railways is a corrupt organization, Simply people are not paying crores of rupees of bribe to become board of directors.

 

Aapko koi help chaahiye to mujhe batana, I can send you my case details copy of judgement.

Railways paid the amount and case setteled now.

 

Sudhir Kumar, Advocate (Advocate)     13 October 2015

His laptop has not been lost in railway journey. He did not present himself at the departure of train. It is not a case in his favour that too after limitation period.

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