Railways fined 1,40,000 with 7% interest and Rs. 25,000 for mental agony and legal expenses for failing to deliver the goods on time

In the matter of Smt. Lalita Devi vs. Chief Commercial Superintendent, Anand Vihar Delhi (Railways) & Others

Case Background:
Smt. Lalita Devi filed a complaint against the Railway Department. She alleged deficiency in service for not delivering 20.40 Quintals of ‘Suthani’ (a perishable fruit) booked on 17/10/2017 from Khagadiya Railway Station, Bihar, to Anand Vihar Railway Station, Delhi. The goods were meant for sale during the ‘Chhath festival’ in Delhi.

Complainant’s Allegations:
Smt. Lalita Devi contends that despite repeated attempts, the Railway Department failed to unload and deliver the parcel, causing financial loss and rendering the perishable goods useless after the festival. The complainant seeks compensation of Rs. 4 Lakh, including the cost of goods, mental agony, and transportation loss.

Railway Department’s Defense:
The Railway Department argues that the complaint falls under the Railway Claims Tribunal’s jurisdiction. They claim the goods were booked for commercial purposes and that restrictions on loading/unloading during festivals justified the delay. They assert that the complainant refused delivery on 04/11/2017.

Analysis and Decision:

1. Jurisdiction: The Railway Department contends that the case falls under the Railway Claims Tribunal’s jurisdiction. However, the Consumer Protection Act applies as the complainant alleges deficiency in service. The Commission finds jurisdiction as the cause of action occurred within its territorial limits.
2. Commercial Purpose: The Railway Department argues the goods were booked for commercial purposes, but the Commission dismisses this, stating the focus is on the service deficiency, not the purpose of booking.
3. Impleading Wrong Parties: The Railway Department claims impleading the Chief Commercial Superintendent of Anand Vihar Railway Station is incorrect. The Commission rejects this technicality, stating the complaint against the Railway Department is valid.
4. Restrictions During Festivals: The Railway Department cites restrictions during Deepawali and Chhath Pooja for not delivering the goods. The Commission finds this reasoning unconvincing, stating that if such restrictions were routine, the Department should have informed all stations and refrained from taking bookings.
5. Insensitive Handling: The Commission criticizes the Railway Department’s insensitivity for not exploring alternative solutions, such as delivery at an isolated location, which could have prevented the goods from perishing.

Order Details:

• Date of Institution: 09.04.2018
• Order Reserved on: 31.01.2023
• Order Passed on: 03.02.2023

Parties:

• Complainant: Smt. Lalita Devi
• OP1: Chief Commercial Superintendent, Anand Vihar Delhi (Railways)
• OP2: The Station Master, Anand Vihar, Delhi
• OP3: Indian Railways, The Chairman, Rail Bhawan, New Delhi-110001.

Decision:
The Commission holds the Railway Department liable for deficiency in service. The complainant is awarded Rs. 1,40,000 along with 7% interest from 17/10/2017 and Rs. 25,000 for mental agony and legal expenses. Failure to comply within 30 days incurs 9% interest.

This decision emphasizes the Railway Department’s responsibility in handling booked goods efficiently and sensitively, especially when perishable items are involved.

Read the complete case order here

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