A family travelling on confirmed sleeper-class reservations has been awarded Rs 75,000 after the Palakkad District Consumer Commission found that severe overcrowding and unauthorised occupation of reserved berths deprived them of the service they had paid for. The commission directed the Railways to pay Rs 50,000 as compensation and Rs 25,000 towards litigation costs.
The case involved Parthasarathi T., his wife Nirmala K.T. and their son Aditya T.P., who were travelling on the Kanyakumari-Pune Express on December 10, 2023. The parents, both senior citizens, had lower berths in coach S2, while their son had an upper berth in S6.
Family Complained of Severe Overcrowding
The family alleged that both coaches were crowded with unreserved, waitlisted and ticketless passengers, some of whom occupied reserved spaces and sat or slept on the floor. The parents eventually managed to use their lower berths after repeatedly asking other passengers to move, while Aditya also had to repeatedly seek access to his reserved upper berth.
The overcrowding allegedly made movement through the coaches difficult and obstructed access to the washroom. The family lodged a complaint through the RailMadad app at 8.12 pm and later filed another complaint concerning coach S6.
The Railways maintained that staff attended to the complaints and removed unauthorised passengers at different stations. The commission, however, noted that evidence, including testimony from the railway staff concerned, was not produced to establish that the passengers had actually been removed. Photographs of the overcrowded coaches and the RailMadad complaints were also considered.
Commission Finds Deficiency in Service
The commission concluded that the family had not received the safe and reasonably comfortable journey expected from confirmed reservations. It treated the inability to properly access reserved accommodation as a deficiency in service.
The commission did not order a refund of the fare because the family completed the journey. Instead, Rs 50,000 was awarded for deficiency in service, mental agony and inconvenience, along with Rs 25,000 in litigation costs.
The Railways was given 45 days to make the payment. Failure to comply would attract a solatium of Rs 500 per month or part thereof until payment.
What Should Railway Passengers Do When Reserved Berths Are Occupied?
Passengers facing unauthorised occupation or serious overcrowding should create a clear record of the incident rather than relying only on verbal complaints.
- Use RailMadad to lodge a complaint and retain the reference number and screenshots.
- Record the coach and berth number, train number, date and approximate time.
- Take photographs or videos of overcrowding or unauthorised occupation where safe and appropriate.
- Approach the TTE and railway security personnel and record their response where possible.
- Preserve reservation details and payment records.
Where the problem remains unresolved and causes substantial inconvenience, passengers may consider approaching the consumer commission with supporting evidence.
