Skip to main content

Can't Fine Railways for Equipment Malfunction During Journey - Consumer Forum

Public services like railways cannot be penalized if some equipments relating to comforts of passengers malfunction during journey, a consumer forum here has said while dismissing a senior citizen's plea against the Northern Railway.

New Delhi District Consumer Disputes Redressal Forum, presided by C K Chaturvedi, dismissed the plea of one M Lalla against the Northern Railway, while noting that the fans were in working condition at the time of departure of the train.

"The investigation report indicates that fans were in working condition at time of departure but became inoperative en route the journey.

"Public services like railways cannot be penalized if some equipments relating to the comforts of passengers malfunction during journey," the forum said.

In its order, the forum also noted that Lalla was helped by railway official, i.e. TTE in trying to repair defective fan though he was unsuccessful in his efforts.

"If equipments were in an operative state at the beginning of the journey, it would lead to inference of negligence," the forum added.

The forum was hearing the complaint filed by Lalla that he was travelling with other senior citizens on Malwa Express from Jalandhar to New Delhi on September 25, 2008.

He said that two out of three fans were not working thereby making the journey uncomfortable for him and his associates.

Thereafter, he filed a complaint with the railways and later with the forum.

The railways, however, had stated that all the fans were in working condition as per record but they might have got defective en route.

Article referred: http://www.outlookindia.com/news/article/Cant-Fine-Railways-for-Equipment-Malfunction-During-Journey/872865

Comments

Most viewed this month

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...

When debt is bona fide disputed and the defence is a substantial one, the court will not wind up the company

In SHITAL FIBERS LTD.  vs  INDIAN ACRYLICS LIMITED, as per the respondent, appellant had made a payment of Rs.61,83,218/­. However, there was an outstanding balance of Rs.8,92,723/­ as on 28.7.2008. Since despite repeated requests, balance amount was not paid, the respondent issued a statutory notice to the appellant. The same was duly responded to. As the payment was not made despite notice being duly served on the appellant, the respondent filed the aforesaid Company Petition seeking winding up of the present appellant for its inability to pay admitted debts. The learned Company Judge vide order dated 28.9.2015 admitted the Company Petition. However, while doing so, the learned Company Judge observed, that since the appellant was an on­going concern, an opportunity should be granted to it to settle the accounts with the respondent by 31.12.2015. Only in case of failure of the settlement, the citation was directed to be published. On appeal, the Division Bench of the High Cou...

Abusing in-laws a ground for divorce: SC

Abusing in-laws and not allowing them to reside in the matrimonial home by a woman amounts to cruelty to her spouse, ground enough for grant of divorce, the Supreme Court has ruled while allowing an NRI's plea for legal separation from his wife. A bench of Justices Vikaramajit Sen and A M Sapre said such incidents could not be termed as "wear and tear" of family life as held by Madras High Court which had said that a couple must be prepared to face such situations in matrimonial relationship. The NRI had filed a divorce petition alleging that his wife was abusive to his family members and did not allow his parents and siblings to stay in his house when they visited the US. Referring to an incident, the husband told the court that his wife had once locked him and his sister out of the house and abused them saying they belonged to a 'prostitute family'. She refused to allow her sister-in-law to enter the house and even lodged a police complaint against her hu...