Legal Question in Consumer Law in India

Railways

Can any one travel on a reserved coach without unreserved ticket. As a customer can i sue railways if while travelling on indian railways with a reserved ticket on a reserved coach the coach was filled with lot of unreserved persons. Any specifif apex court judgement exists there on reserved ticket.

Pl. Guide

kedar


Asked on 7/15/03, 4:41 am

3 Answers from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

Re: Railways

I am in full agreement with the opinion expressed by Mr.Satish Shah. Though you are entitled to file a dispute in Consumer Forum, the law on damages in India is not well developed and you may end up with an amount which may not even cover your expenses of litigation.

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Answered on 7/16/03, 4:00 am
D. M. Bhalla D.M LAW CHAMBER

Re: Railways

Dear friend,

You can sue the railways, in certain situations, but you have not clarified, why you are intending to sue railways. Please be in a bit detail about your experience, that have led you to consider about suing the railways. Give me the details at my e-mail id: [email protected] or on my mobile number:9811062868.

Expecting from your side.

D.M. Bhalla, Advocate.

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Answered on 7/15/03, 9:58 am

Re: Railways

You are right. A reserved coach can be occupied only by those for whom the berths/seats are specifically reserved for that journey. No other person can travel in that coach. That is the law, i.e., Section 55 of the Railways Act, 1989.

You seem to be referring to a journey you took where a reserved coach was occupied by people with unreserved tickets. Did you make a complaint immediately? If you did, was it recorded anywhere? Did the Railways respond?

You might be able to file a consumer complaint against the Railways and sue for the mental shock, trauma and inconvenience that you experienced, but you are unlikely to get more than token damages, if at all. You have to consider if it is worth the time, effort and expense.

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Answered on 7/15/03, 11:46 am


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