It’s a wake up call for Indian Railways. A court on Tuesday ruled that the railways would have to pay passengers a hefty compensation if they are harassed
NEW DELHI: It’s a wake up call for Indian Railways. A court on Tuesday ruled that the railways would have to pay passengers a hefty compensation if they are harassed and kept awake by unauthorised passengers during the journey.
The landmark decision followed a complant filed by Tihar jail’s law officer Sunil Kumar Gupta.
Gupta and his family had booked berths on Jammu Tavi Express from Delhi on June 26, 2005, but were harassed by unauthorised passengers who barged into the reserved coach. Gupta said in his complaint that he along with his wife and two children were forced to stay awake during their overnight journey.
Well versed with law and personal rights, Gupta moved the local District Consumer Forum charging the cash rich and profit-making railway department with ‘deficiency’ in service and causing ‘mental trauma’ to the family. The Travelling Ticket Examiner was no help, he added.
“There was no one to hear the unfortunate legitimate travellers’ complaints. There was nobody to help the victims of trespass. During the journey, legitimate passengers who were allotted berths could not sleep or even walk up to the toilet because of the overcrowding,” Gupta said.
Judge Chopra rejected railway authorities’ contention that Gupta should have approached the TTE to lodge his complaint or have pulled the chain to halt the train. “It is strange the railways started the train despite protests from passengers. It is a matter of common knowledge that unauthorised travellers enter the compartment after taking permission from the TTE and for this reason the TTE does not enter the compartment to avoid the wrath of genuine travellers,” the judge said.
“It is the duty of the TTE to come to the compartment to check all the seats and ensure that passengers who paid sleeper charges are provided berths. Had the railways performed its duty, occupancy by unreserved and illegal occupiers of the seats could have been detected and action taken against them,” the Forum said.
The Forum also found the Indian Railways guilty of deficiency in service, causing trauma to the complainants passengers and observed “the situation speaks volumes about the working of the railways as extraneous considerations on the part of officials allow unauthorised passengers to occupy reserved seats.”
b_rakesh@dnaindia.net
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