NEW DELHI: A district consumer commission in Jharkhand has the Railways to pay Rs 30,000 compensation to a passenger who faced a 8 hours and 48 minutes delay while travelling from Tatanagar to Sambalpur. The commission also awarded Rs 5,000 as litigation costs, holding that the Railways failed to show that the delay was beyond its control. The order was passed on September 2, 2026.Why did the passenger approach the consumer commission?According to the commission order, Sanjay Kumar had booked two sleeper-class tickets on the Ispat Express for travel from Tatanagar to Sambalpur on September 23, 2024. The train was scheduled to leave Tatanagar at 10.18 am and reach Sambalpur at 3.50 pm.The train departed late and reached Sambalpur 528 minutes (8 hours and 48 minutes) behind schedule. Kumar claimed Rs 4.5 lakh compensation for the physical, mental and financial harassment he said he suffered because of the delay. He submitted his ticket and a legal notice sent to the Railways in support of his complaint.However, the Railways denied the complaint and questioned the commission’s jurisdiction, saying the matter came under the Railway Claims Tribunal Act. It also argued that IRCTC and Kharagpur division had not been made parties to the case.The Railways further said Kumar had not complied with the required notice provision and had not produced substantive evidence of financial loss or damage caused by the delay. It denied any deficiency in service.Why did the commission hold the Railways liable?The bench of President Sunil Kumar Singh and members Pradeep Kumar Mishra and Sanju Shahi first dealt with the objection over its jurisdiction. It referred to a Supreme Court ruling concerning compensation for train delays and said the consumer commission could hear Kumar’s complaint.The commission noted that the Railways had not shown that the delay was beyond its control.“So Honble S.C has categorically held that this commission has got Jurisdiction to try the instant case. In this case O.P’s failed to establish that the delay of train occurred which was beyond their control. So we find much substance in claim of the complainant against the O.P’s,” the bench observed.The commission then considered whether Kumar had proved that he suffered because of the delay. It relied on his ticket and other documents placed on record.“So in view of discussion made above we are of considered view that the complainant has proved his case by cogent and convincing evidence that due to late running of train by O.P’s complainant suffered physical mental and financial harassment and accordingly complainant is entitled to compensation from the O.P’s for their deficiency in service,” the commission further added.The commission also relied on the Supreme Court’s observation that passengers’ time is valuable and that the Railways must explain delays and show when they were beyond its control.“It cannot be disputed that every passengers time is precious 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 even there was some Justification for delay,” the Supreme Court passage cited in the order said.The commission partly allowed Kumar’s complaint and directed the opposite parties to pay Rs 30,000 as compensation for harassment and Rs 5,000 towards litigation costs.The amount was to be paid within 45 days from the date of the order. If it was not paid within that period, the commission directed that the amount would carry interest at 12 percent per annum from the date of the order until realisation.
