Running Late Of Train Results In Missing A Flight: Supreme Court To Examine If Indian Railways Is Liable To Compensate Or Not

CASE BACKGROUND

• In an ongoing case, a complaint has been filed before the District Consumer Dispute Redressal Forum, Allahabad by the respondents against the Indian Railways, demanding a compensation of Rs. 9,00,000 for harassment, agony, mental loss, loss in relationship with in-laws.
• This case took place majorly because their train was late for around 6 hours, which resulted in missing their flight.
• The District Forum nonetheless rejected the contention and engaged the Railways into paying Rs.40,000.
• The Railways filed an appeal to the State Consumer Dispute Redressal, Lucknow which was followed by the similar dismissal from the National Consumer Dispute Redressal Commission, New Delhi.

CASE PROCEEDINGS

• The NCDRC had dismissed the case on account of the Railways, which should have assessed the delay so that they could pass on the information to the passengers, and the inability to do so, therefore constitutes negligence and deficiency in service.
• The Division Bench comprising Justice KM Joseph and Justice Ravindra Bhatt agreed to consider the issue of the jurisdiction while issuing a notice to the respondents about the Forum and the nature of the obligation of the Indian Railways.
• The Bench has noted the issue of the condition that the Ministry of Railways will deposit the sum of Rs. 25,000 within the time period of 4 weeks to the Court’s Registry.
• It has also cleared the air about not staying the execution of the NCDRC directions which were issued on the 21st October, 2020.

CASE PROCEEDINGS

• The Indian Railways have argued that the delay of 6 hours was beyond their control because the delay occurred during the journey and not the departure.
• Furthermore, it has been contended that the Commission had terminated its claim without bearing in mind that Rule 115 of Indian Railway Conference Coaching Rate Tariff No. 26 Part 1 from Vol 1 has clearly stated that the Railway Administration does not assure arrival and departure of trains as for every schedule given in their timetable.
• Therefore, the Railways is not answerable for any damage caused due to any inconvenience as per the rules and regulations.

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