Can’t Fine Railways for Equipment Malfunction during Train Journey: Delhi High Court

नई दिल्ली New Delhi: Public services like railways cannot be penalized if some equipments relating to comforts of passengers malfunction during journey, a consumer forum here has said while dismissing a senior citizen’s plea against the Northern Railway.

New Delhi District Consumer Disputes Redressal Forum, presided by C K Chaturvedi, dismissed the plea of one M Lalla against the Northern Railway, while noting that the fans were in working condition at the time of departure of the train.

“The investigation report indicates that fans were in working condition at time of departure but became inoperative en route the journey.

“Public services like railways cannot be penalized if some equipments relating to the comforts of passengers malfunction during journey,” the forum said.

In its order, the forum also noted that Lalla was helped by railway official, i.e. TTE in trying to repair defective fan though he was unsuccessful in his efforts.

“If equipments were in an operative state at the beginning of the journey, it would lead to inference of negligence,” the forum added.

The forum was hearing the complaint filed by Lalla that he was travelling with other senior citizens on Malwa Express from Jalandhar to New Delhi on September 25, 2008.

He said that two out of three fans were not working thereby making the journey uncomfortable for him and his associates.

Thereafter, he filed a complaint with the railways and later with the forum.

The railways, however, had stated that all the fans were in working condition as per record but they might have got defective en route.

Facebooktwittergoogle_plusredditpinterestlinkedinmail