TOP COURT READY TO EXAMINE THE PLEA WHETHER INDIAN RAILWAY LIABLE TO PAY COMPENSATION FOR TRAINS RUNNING LATE

The Supreme Court bench of KM Joseph and Ravindra Bhat issued the notice after hearing a plea filed by the Central Government against the order of the National Consumer Dispute Redressal Commission. The NCDRC granted compensation for trains running late against the scheduled time.

BACKGROUND

The respondents (in SC) boarded the Prayagraj express to New Delhi, which was scheduled to reach New Delhi at 6.50 am, but it reached late at 11.30 am. Due to the delay, the Respondents missed their flight to Kochi. Thereafter, the Respondents moved to District Consumer Dispute Redressal Commission, claiming Rs 19 lakh for mental agony and harassment due to the delay. The District commission passed an order against the Railways leading to a revision petition in the NCDRC. On 21st October 2020, the NCDRC dismissed the petition of the Railways stating that they estimated the delay and passed such information to the respondents. Hence, there is negligence and deficiency in service provided by the Railways.

The Railways then moved to the Top Court.

ARGUMENTS

Railways contended that as per Rule 115 of the Indian Railways Conference Coaching Raye Tariff No. 26 Part I, Railways does not guarantee the arrival and departure of the trains as per the scheduled time and therefore not responsible for any damage or inconvenience caused to anybody. It further stated that the delay was n out of control of the Railways as the delay was caused during the journey and not at the departure. 

HELD

The top court refused to stay the order passed by the NCDRC but issued notice to the Respondents on the condition that the deposit made by the Petitioners (Rs 25000 ) will be deposited with the SC registry in an interest bearing FD account with two auto-renewal facilities.

Author: Papiha Ghoshal