As if the slow pace at which its website runs was not enough, now the Indian Railways also allows people to book tickets online for trains whose services have been cancelled.
This was the case with Manoj Kumar, a resident of South Delhi.
On February 14, 2013, Mr. Kumar booked an AC three-tier seat from Allahabad to Delhi on Lichchavi Express online. The date of travel was March 8, 2013. On the given date, he reached Allahabad junction but some time before the scheduled departure time he found that the service of the train had been cancelled since December 2012. There was no mention about the cancellation on the website.
Mr. Kumar moved the district consumer forum, which held it to be a case of deficiency in services provided by the Northern Railways.
A response to the complainant’s RTI query further revealed that the train was cancelled from December 29, 2012. Considering the inconvenience caused to the complainant and many others like him, the District Forum had directed the Northern Railways, which gave a miss to the hearing in the case and was proceeded ex-parte, to pay him a compensation of Rs.25,000.
The State Consumer Forum affirmed the decision.
The Railways then filed a revision petition before the NCDRC where it claimed that the District Forum had passed the order without hearing the department. It was also contended by the Railways that the foras below have failed to appreciate that cancellation of train was due to unforeseen and unpredicted foggy conditions and that Railway Board decided to cancel number of trains including Lichchavi Express from January 1, 2013, to February 17, 2012, which was further extended to March 15, 2013. It was further argued that the facts of the matter were conveyed to the complainant in response to his legal notice.
The Railways demanded that the case be remanded to the district forum for decision on merits after taking its submission on record.
The NCDRC, however, said the Railways failed to enter appearance before the District Forum for any hearing and, therefore, the decision of the forum to decide the case ex-parte could not be faulted.
“Undisputedly, the ticket was booked by the complainant on the Internet on February 14, 2013, for the travel dated March 8, 2013. It is the case of the petitioner in his revision petition that running of train in question was cancelled by the Railway officials from January 1, 2012, to February 17, 2013, and cancellation was further extended till March 15, 2013. The least expected from the Railway was to intimate the respondent / complainant about the cancellation of running of train on February 13, 2013, in order to save him of unnecessary trouble to visit the railway station to board the train which was cancelled. This is gross deficiency in service on the part of the petitioner/ opposite party. Therefore, we do not find any fault with the orders of the foras below in allowing the complaint and awarding the compensation,” said an NCDRC bench of Justice Ajit Bharihoke and Rekha Gupta.
