N-Rly to compensate passenger for harassment

Northern Railway has been directed by the Delhi State Consumer Commission to pay a compensation of Rs 50,000 for wrongfully penalising a passenger travelling with a wait-listed ticket.

Updated: Jul 12, 2010, 20:08 PM IST

New Delhi: Northern Railway has been
directed by the Delhi State Consumer Commission to pay a
compensation of Rs 50,000 for wrongfully penalising a
passenger travelling with a wait-listed ticket.

The Commission also imposed a cost of Rs 5,000 on the
Railway for filing a "frivolous" appeal against the lower
forum`s decision.

The Train Superintendent (TSI), who initially
permitted the passenger to board the train as four vacant
seats were available with him, did not confirm the wait-list
ticket and instead imposed penalty on him.

"The Northern Railway is vicariously liable for
misconduct of TSI Ramesh Kumar and hence we find no fault with
the impugned order whereby they have been directed to refund
the penalty imposed upon the passenger and also to pay
compensation of Rs 50,000 for the harassment and mental agony
caused to him," the Commission bench headed by Justice B A
Zaidi said.

It passed the order on an appeal of the Railway
challenging District Forum`s direction to pay the compensation
besides refunding the imposed penalty.

"The order of the Forum is quite justified and we find
no merit in the appeal. It is, therefore, dismissed with a
cost of Rs 5,000 for filing a frivolous appeal," the
Commission said.

The Commission said that non allotment of seat to the
passenger despite he being the only wait-list passenger
"clearly showed malafide on the part of TSI".

The passenger was forced to pay the penalty at
Allahabad under threat of detention by the RPF on the
instruction of the TSI.

Earlier, the Railways cited policy instructions
regarding Rajdhani and Shatabdi Express trains to justify
charging of penalty from the passenger who had boarded the
train with a wait-listed ticket.

The Commission, however, said that the passenger had
taken permission from the appropriate authority to aboard the
train.

PTI