Elderly couple misses train, wins refund after 3-year battle in court
BENGALURU: A senior citizen couple from Hoodi in Whitefield took on the railways and won after being denied refund for a train journey they never made, as their reserved coach was overcrowded and inaccessible, forcing them to return home.
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Bengaluru Urban II additional district consumer commission has pulled up South Western Railway (SWR) for deficiency in service and ordered a full refund along with litigation costs.
The case, earlier dismissed by the forum on July 1, 2023, was challenged again by the couple at the state commission. The appeal was allowed, with the state commission setting aside the earlier order and directing the forum to readmit the complaint.
The story began when Purna Ramakrishna and his wife Hymavathi booked sleeper class tickets on Guwahati Express for March 29, 2022, from Krishnarajapuram (KJM) Railway Station to Vijayawada on April 13, paying Rs 892.5 for the trip. On the day of the journey, after reaching the station by auto (spending Rs 165), the couple was shocked to find their S2 coach - and the entire train - packed with passengers, making it impossible for them to board.
With no railway staff around to assist, they were forced to abandon the journey and return home.
Despite several representations and email follow-ups, the railways neither refunded the ticket fare nor offered any explanation or compensation. Left with no option, the elderly couple filed a consumer complaint citing service lapses.
In their complaint, they said they informed the railways post-departure and expected a ticket deposit receipt (TDR) to be raised.
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But no TDR was filed and no refund or compensation issued.
However, the railways, in its defence, denied any service deficiency, claiming that the train was not overcrowded when it arrived at the station. In their written response, railway officials acknowledged their tickets, further stating the train was fully reserved and unreserved travel was restored across the division after Covid. Therefore, they argued, the couple's claims of overcrowding by unauthorised passengers were "false and baseless".
The railways said 134 passengers boarded from KJM on April 13 with no overcrowding complaints - except the elderly couple. Officials noted the duo didn't report any issue to the station master or RPF on duty, and no crowding was flagged by staff on board.
Calling the duo's decision not to board a personal choice, the railways denied any service lapse. It also cited refund rules, saying confirmed tickets are non-refundable unless cancelled or a TDR is filed four hours before departure.
However, the railways' own letter dated May 6, 2022, had admitted a spike in ticketless travel and called for issuing unreserved tickets to curb revenue loss - a point the consumer forum said backed the couple's claim.
Holding the railways responsible for the couple being unable to board the crowded train during its two-minute halt at 11.53 pm at KJM, the panel said internal records can't override on-ground realities. It ruled the couple faced financial loss and mental agony due to a clear deficiency in service, especially when the full fare was collected.
In March this year, the consumer commission ordered the railways to refund Rs 892.5 and pay the complainants Rs 5,000 for deficiency of service, mental agony, and Rs 3000 as litigation costs.
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