“These are the days of competition and accountability. If the public transportation has to survive and compete with private players, they have to improve the system and their working culture. Citizens/passengers cannot be at the mercy of the authorities/ administration. Somebody has to accept the responsibility,” 

This was the observation by the Hon’ble Supreme Court. Any person who comes under the definition of a Consumer can move and appeal before the Consumer Forums established specifically for such purposes to seek compensation for the harassment caused to any consumer due to deficiency in service. If in any given situation, deficiency on the part of service provider is proved, same shall make them liable to pay compensation. Supreme Court in this case i.e. North Western Railway & Anr v. Sanjay Shukla dismissed the Appeal i.e. Special Leave Petition filed by the Railways which was directed to pay compensation for late arrival of train without any justification and this would in the circumstances be held to be “Deficiency in Service”.

Facts which led to the present case being heard by the Hon’ble Supreme Court were that the complainant booked four tickets on Ajmer Jammu Express Train with boarding at Alwar however the train reached with a delay of around four hours because of which the complainant missed his flight from Jammu to Srinagar and avail a private taxi. Due to late arrival at Srinagar, loss was suffered as house-boat was prebooked. Thus, consumer complaint claiming deficiency in service was filed before the Alwar District Consumer Forum. The District Consumer Forum directed the Railways to pay Rs. 15,000 for taxi expenses, Rs.10,000 towards booking expenses along with Rs 5,000 each towards mental agony and litigation expenses on the ground that there was no evidence to show that the delay was reasonable.

This decision passed by the Alwar District Consumer Forum was upheld by the State Consumer Commission at Jaipur and subsequently by the Hon’ble National Consumer Commission as well. The North Western Railway went in appeal before the Supreme Court challenging the compensation and with the stand that the late arrival of train cannot come under the ambit of “deficiency of service” specifically in view of Rule 114 and Rule 115 of Indian Railway Conference Association Coaching Tariff No. 26 Part I (Vol.1) whereby the disclaimer is provided and hence railways shall not be liable for any compensation for late running of the train. However, this stand of the Railways was negated in the absence of any evidence led by them to show that the delay occurred due to reasons beyond their control.

In conclusion, Supreme Court observed that “Therefore, unless and until the evidence is laid explaining the delay and it is established and proved that delay occurred which was beyond their control and/or even there was some justification for delay, the railway is liable to pay the compensation for delay and late arrival of trains.”

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