By Sri.  Mohamed Ismayil C.V., Member.

The averment of the complainant is as follows:-

1.         On 06/03/2023 the complainant had travelled a business trip to Tiruvalla by train of Indian Railway. The complainant had started his journey at 11.20 AM from Shornur Railway station in a train running between Mangalapuram and Nagarcoil. The name of the train is Parasuram express and train number is 16649. But, after reaching at Ettumanur Station, the train was halted for more than 15 minutes instead of its stoppage time of 1 minute. According to the complainant the scheduled time of arrival at Tiruvalla station was at 3.35 PM. It is also averred that the complainant had arranged a business meeting at 4.30 PM .Due to urgency of the situation, the complainant had contacted TTE and shared his anxiety. But proper reply was not received from TTE.  The halting was continued for more than 35 to 40 minutes at Ettumanur railway station. So the complainant had contacted the Senior Divisional Operations Manager at Thiruvananthapuram and enquired about the reason for delay. It was replied that the causation of delay was not known and a proper replay can be made only after verification of the situation. After 15 minutes of time the Senior Divisional operations Manager contacted the complainant and informed that delay was caused due to negligence of two officers of railway.  After lapse of one hour time train began to move. Finally the train was arrived at Tiruvalla railway station at 5.05 PM. As per the time table of railway, Parasuram Express should have reached at 3.35 PM, but it was reached only at 5.05 PM. Due to delayed arrival of train, the complainant  could not attended his business meeting  as the other partners of the meeting were left the place at 5 PM itself.  So the complainant was compelled to stay at Tiruvalla but his efforts were aborted as business counter parts turned down. It is alleged by the complainant that the delayed arrival of Parasuaram Express at Tiruvalla station caused financial loss, mental agony and inconvenience to the complainant for which the opposite parties are liable to pay compensation.  It is averred that the complainant had submitted a complaint before the Senior Divisional Operations Manager explaining the suffering of pain, mental agony and inconvenience. It is further averred that on the basis of complaint made by the complainant, the railway department has been taken action against two of its officials named one Mr. Pradeep Nair who was working as chief controller /punctuality and Mr. Sachin Varghees who was working as on duty section controller. It is averred that due to the stoppage for one hour at Ettumanoor station all passengers were also troubled. The act of the opposite parties  are  amounted to deficiency in service  and so  the opposite parties are liable to pay Rs. 5 lakh to the complainant as compensation for the  sufferings of mental and physical pain , loss of time and loss of business.

2.         The complaint is admitted and issued notice to the opposite parties. The opposite parties have appeared and filed version jointly. 

3.         In the version, it is contended that the complaint is not maintainable and allegations raised by the complainant are denied. It is contended that Mangalore central - Nagarcoil junction Parasuram express was detained on 06/03/2022 at Ettumanoor Station for scheduled crossing with Trivandrum Central - New Delhi Kerala super-fast express. It is contended that the complaint is related to the detention of the train for crossing at Ettumanur station. It is contended that Ettumanur – Kottayam – Chingavanam section was single line section and trains were detained at Chingavanam, Kottayam and Ettumanur Station for crossings and crossing are unavoidable in single line sections. At the time of alleged occurrence   the doubling works of tracks were in progress. On 06/03/2022 there were several speed restrictions between Chingavanam- Ettumanoor section and trains were taking 15 to 20 minutes additional running time to travel between Kottayyam and Ettumanur stations. This was resulting in cumulative delay of 25 to 35 minutes to the trains for crossings during bunching of trains. Doubling work is capacity enhancement work of national importance undertaken by Railways.  Delay to trains during construction and safety related track works are unavoidable and often unforeseen.  However, in this case, passengers and commuters were well aware of doubling works since it was well notified through press and media. However the divisional railway administration was taking all efforts to reduce the detention to trains by planning judicious crossing to avoid cumulative and cascading delay to trains during peak hours. On 06/03/2022, both 16649 express and 12625 express reached Ettumanur and Kottayam stations at the same time.  The crossing was arranged as per the time table provision and as per the rules in force. However, 12625 Express got further delayed by 5 minutes while loading perishable and canvased parcels since parcels got jammed between the parcel van doors. Train was started from Kottayam after clearing the parcels and closing the parcel van door.  The additional detention to crossing train 12625 Exp due to parcels getting jammed while loading is unforeseen and incidental parcels were cleared immediately and parcel door was closed with minimum possible delay. Train movements including crossing, precedence and regulations are planned and executed in railway based on working time table and operating manual provisions. In the instant case, no provisions contained in time table and operating manual were violated. It is also submitted that there was no deficiency, negligence or lethargic attitude of any of the staff of Railways in this regard.  Time table cannot be viewed as a part of contract between the railway and the traveling public. The railway administration disclaims any liability for any inconvenience, expense or damage resulting from the errors in the time table or from delayed / cancelled / diverted trains. But giving utmost importance to rights of passengers and valuing  consumer rights , if the  delay is beyond 3 hours  (180 minutes),  Railway  undertake to take liability of the  said delay and offers to refund full fare for the untraveled portion of the journey. The complainant himself has stated that there was a delay of 1 hour 25 minutes only which clearly makes the complainant legally responsible not to abuse the process of law by filing complaints on the said ground as the legal liability of the railways or Railway officials arise only if the train is delayed for more than 3 hours. The complainant has said that the train was delayed by more than 40 minutes at Ettumanur station and reason for this delay was not made known to him.  The complainant has also claimed that he contacted Senior Divisional Operations Manager of Railways over phone. In such a scenario, a prudent man proceeding for a business deal/ meeting is expected to communicate the delay of his train to his prospective business partners or the hotel of their proposed business meeting. Hence attempt to hold Railways and Railway officials responsible for his random change of plans is nothing other than an illegal attempt of an intelligent business man to get his business expenses reimbursed for sincere and honest Railway officials.  It is contended that the complaint was filed with ulterior motives and waited for a long period so that electronic and other train running data get expired from Railway data base and now the complainant is making attempt to mislead the Commission. On the basis of above said contentions the opposite parties prayed for dismissal of the complaint.

4          The complainant and opposite parties have filed affidavits in lieu of evidence. The documents from the side of the complainant is marked as Ext. A1 to A7 documents.  Ext. A1 document is the copy of train ticket showing the journey of the complainant in Parasuram Express - train No.16649. Ext. A2 document is the copy of application dated 08/06/2022 submitted under RTI, Act. Ext.A3 document is the copy of the reply made by the opposite parties under RTI, Act. Ext. A4 document is the copy of time table of train No. 16649 – Mangalore – Nagarcoil Parasuram exp.  Ext.A5 document is the copy of tax invoice dated 06/03/2023 issued from KGA Elite continental hotels. Ext.A6 document is the copy of application dated 28/10/2023 submitted under RTI act before the opposite parties. Ext. A7 document is the copy of reply issued by the opposite parties under RTI, Act 2005. The documents produced by the opposite parties are marked as Ext. B1 document and Ext. B2 document. Ext. B1 document is the copy of timings of 12625 Trivandrum central – New Delhi super-fast express commencing on 06/03/2022. Ext. B2 document is the copy of guidelines to read the time table and its disclaimer.

5.         Heard both sides in detail. Perused documents and affidavits thoroughly. The Commission considered the following points to adjudicate the matter.

1. Whether the opposite parties have committed deficiency in service towards the complainant?
2.  Relief and cost ?

6.         Point No. (i) and (ii)

The Commission is considering both points together as those are interconnected. The averment of the complainant is that he had travelled in train No. 16649 named Parasuram Express from Shornur Railway station to Tiruvalla Railway station. The complainant has produced Ext.A1 document showing the journey of the complainant made on 06/03/2023. The opposite parties did not oppose Ext.A1 document.  It is argued that as per the time table of railway the scheduled time of arrival at Tirvuvalla railway station was at 3.35 PM. But after reaching at Euttumanoor railway station, train was halted for more than one hour resulting delayed arrival at Tiruvalla station.  It is argued by the complainant that he could not attend a business meeting scheduled to be held at 4.30 PM as the prospective business partners of the complainant were left the place due to absence of the complainant at scheduled time.  Even though the complainant had opted to stay at Tiruvalla but he could not contact his prospective  business partners resulting a huge financial loss. The complainant has produced Ext.A5 document to prove his pleading. Ext. A5 document would show that the complainant had stayed in a hotel on 06/03/2022 and checked out on 07/03/2022. The argument of the complainant is that due to deficient service of the opposite parties he could not reach at Tiruvalla railway station as per the scheduled time.

7.         On the other hand the opposite parties argued that there was no deficiency in service on their part. According to the opposite parties Ettumanoor – Kottayam – Chingavanam section was single line section and trains were detained at Chingavanam, Kottayam and Ettumanur Station for crossings and crossings are unavoidable in single line sections. At the time of alleged occurrence   the doubling works of tracks were in progress. On 06/03/2022 there were several speed restrictions between Chingavanam Ettumanoor sections and trains were taking 15 to 20 minutes additional running time to travel between Kottayyam and Ettumanur stations. This was resulting in cumulative delay of 25 to 35 minutes to the trains for crossings during bunching of trains. Doubling work is capacity enhancement work of national importance undertaken by railways.  Delay to trains during construction and safety related track works are unavoidable and often unforeseen. It is further argued that passengers were also aware of doubling woks as same was published through press and media. On 06/03/2022, both 16649 express and 12625 express reached Ettumanur and Kottayam stations at the same time.  The crossing was arranged as per the time table provisions and as per the rules in force. However, 12625 Express got further delayed by 5 minutes while loading perishable and canvased parcels since parcels got jammed between the parcel van doors. Train was started from Kottayam after clearing the parcels and closing the parcel van door. The additional detention to crossing train 12625 Express due to parcels getting jammed while loading is unforeseen and incidental parcels were cleared immediately and parcel door was closed with minimum possible delay. Train movements including crossing, precedence and regulations are planned and executed in railway based on working time table and operating manual provisions. In the instant case, no provisions contained in time table and operating manual were violated. It is argued that the railway is only responsible for the delay of beyond 3 hours as per law and same was not applicable to the case of the complainant. The opposite parties have produced Ext.B2 document in support of their contention.  Hence the complainant is not entitled for any relief.

8.         In the evaluation of evidence it can be seen that the opposite parties are admitted the fact that train No.12625 delayed by 5 minutes of time as parcels got jammed between the parcel van doors while loading perishable and canvased parcels. So it is explicitly clear in evidence that delay was caused not due to doubling work or crossing of trains. The delay was caused exclusively due to the negligent act occurred at Kottayam railway station. There is no evidence available before the Commission that delay of train was occurred due to developmental work. So the Commission find that the opposite parties have committed deficiency in service towards the complainant. The Commission also examined Ext.A2 to A4 documents, as well as Ext.A6 and A7 documents. Ext.A6 and Ext.A7 document have no direct connection with this case.  Ext.A3 document is the reply made under Right to Information Act, 2005 by the opposite parties. Ext. A3 document revealed that the actual timings of train No. 16649 Mangalapuram – Thiruvananthapuram Parassuram Express on 06/03/2022 passing through Kuruppanthara   station was 15.10 hrs and at Tiruvalla station arrival was 17.01 hrs and departure was 17.02 hrs. Ext.A3 document also revealed that the railway had conducted an enquiry by Operating Officers with regard to causation of delay occurred on 06/03/2022. After Enquiry the railway department taken disciplinary action against first and second opposite parties.  In the light of evidence come out   through Ext.A2 and A3 documents, the Commission find that the act of the opposite parties have caused delayed arrival of the train at Thiruvalla Station on 06/03/2022. So the Commission cannot consider the contentions of the opposite parties based on Ext. B2 document.

9.         The complainant has failed to adduce evidence with respect to financial loss due to the aborted business conference. It is come out in evidence that   the train was arrived at Tiruvalla station at 5.01 PM. But there is no evidence available before the Commission that a business conference was scheduled at 4.30 PM as pleaded in the complaint. So there is no materials available before the Commission to show that the complainant has sustained financial loss due to delayed arrival of train at Thiruvalla station.

10.       In the light of the discussion made above the Commission find that the opposite parties are jointly and severally liable for their deficient act committed towards the complainant for the sufferings caused due to delayed arrival of train. The opposite parties are liable to pay compensation to the complainant for delay of the train. The Commission consider that Rs. 10,000/- will be a reasonable amount as compensation. Moreover the opposite parties are also liable to pay cost of the proceedings to the complainant. The Commission consider that Rs. 5,000/- will meet the expense of the proceedings. Hence    the complaint is allowed the following manner. 

1) The opposite parties are directed to pay Rs.10,000/- (Rupees ten thousand

    only) to the complainant as  compensation   for the  acts of deficiency in

     service on the part of the opposite   parties.

2) The opposite parties are directed to pay Rs.5,000/- (Rupees five thousand only) to the complainant as cost  of the proceedings.

            The opposite parties  shall comply this order within 30 days from the date of receipt of copy of this order otherwise entire amount shall carry interest @ of 9% per annum from the date of this order till the date of realisation.

Dated this 29^th  day of April, 2024.

MOHANDASAN.K, PRESIDENT

     PREETHI SIVARAMAN.C, MEMBER

    MOHAMED ISMAYIL.C.V, MEMBER

APPENDIX

Witness examined on the side of the complainant: Nil

Documents marked on the side of the complainant: Ext.A1 to A7

Ext.A1: Copy of train ticket showing the journey of the complainant in Parasuram

              Express - train No.16649.

Ext.A2: Copy of application dated 08/06/2022 submitted under RTI, Act.

Ext A3: Copy of the reply made by the opposite parties under RTI, Act .

Ext A4: copy of time table of train No. 16649 – Mangalore – Nagarcoil  Parasuram

             express.

Ext A5: Copy of tax invoice dated 06/03/2023 issued from KGA Elite continental

             hotels.

Ext.A6: Copy of application dated 28/10/2023 submitted under RTI act before the

             opposite parties.

Ext.A7: Copy of replay issued by the opposite parties under RTI, Act 2005.

Witness examined on the side of the opposite party : Nil

Documents marked on the side of the opposite party : Ext. B1 and B2

Ext.B1: Copy of timings of 12625 Trivandrum central – New Delhi super-fast express

             commencing on 06/03/2022.

Ext.B2: Copy of guidelines to read the time table and its disclaimer.

MOHANDASAN.K, PRESIDENT

      PREETHI SIVARAMAN.C, MEMBER

         MOHAMED ISMAYIL.C.V, MEMBER