NCDRC refuses Rs2L relief to passengers from Northern Railways

The apex consumer commision has refused to give compensation of Rs 20,000 each to 10 persons, who lost baggage while boarding a train to Jammu from Panipat in 2006, saying if passengers had a problem in boarding, they should have cancelled the tickets and claimed refund.
The National Consumer Disputes Redressal Commission (NCDRC), however, reduced the amount to Rs 3000 each while observing that a compensation of Rs 20,000 as awarded by the district forum to each of the 10 complainants, was on a higher side looking at deficiency on the part of Northern Railways.
The commission's order came on the complaint of a Panipat resident, alleging that while he was waiting for his train to Jammu with nine other family members at platform 3, the train came late and at another platform without intimation, due to which he had to board in a hurried manner and lost some baggage in the process.

"District Forum allowed Rs 20,000 to each petitioner for mental harassment which is on very higher side looking at the deficiency on the part of Opposite Party (Northern Railways) in taking train on Platform 1 instead of Platform 3 without any proper announcement.
"If complainants were unable to board the train with their minor children on account of sudden arrival of train on Platform 1 instead of Platform 3, they should have cancelled journey and claimed refund instead of shifting children to reserved coach and major persons travelling in general coach to avoid inconvenience," bench headed by Presiding Member K S Chaudhari said.

Complainant Pawan Kumar Mudgil had sought compensation while claiming that he was traveling with four kids and while rushing to the other platform, he had to push the children in reserved coach and other members travelled in general coach which caused mental harassment and agony.

Mudgil was granted the relief by district forum but the state commission had dismissed the complaint after which he approached the NCDRC.
The NCDRC did not dismiss his complaint but agreed with the findings of state commission that the claim of losing Rs 11,000 could not be believed because when 10 persons travel, out of which at least five were adult, "no one would like to put cash in bag and normally cash is kept in the pocket."

"In such circumstances, the State Commission rightly disbelieved the statement of complainant regarding loss of cash for want of cogent and convincing evidence," it said.
During the proceedings, the Northern Railways had denied any deficiency on its part.