The complainant alleged that his refund claim was denied by Railways. (Image generated using AI)A Telangana consumer commission has directed the South Central Railway to refund the fare for cancelled train tickets and pay Rs 25,000 to a senior citizen, holding it liable for deficiency in service for allegedly denying his refund claim despite the train being cancelled due to floods in Tamil Nadu.President Chitneni Latha Kumari and members Madhavi Sasankota and Kathyayani Khandavilli observed that the Railways failed to consider the complainant’s genuine request, who had approached the reservation counter immediately upon reaching home for a refund.“Opposite party without appreciating the genuine request of the Complainant who has approached the reservation counter immediately after reaching home for refund, has repudiated the genuine claim showing wrong provisions under rule position, amounting to deficiency in service causing mental agony to the Complainant,” the order read.Train cancelled due to floodsAccording to the complainant, he had booked AC three-tier tickets worth Rs 5,955 for onward and return journeys between Melmaruvathur, Tirunelveli and Chennai in December 2023 as part of a pilgrimage. However, the train was cancelled due to heavy rains and floods in Tamil Nadu, and the Railways informed passengers through an SMS that the train would terminate at Madurai. As a result, he could neither undertake the onward journey nor use the return ticket. He later arranged alternate travel to Hyderabad and sought a refund after returning home.The complainant alleged that despite repeatedly approaching railway authorities and sending representations along with the original tickets, his claim was rejected on the ground that he had not sought the refund within the prescribed time. He stated that it was practically impossible to comply with the timelines while stranded in a flood-affected area.The Railways defended its decision, arguing that the complainant had failed to surrender the tickets within the time stipulated under the Railway Board’s refund rules. It submitted that passengers whose trains are cancelled due to unforeseen circumstances are required to seek refunds within three days of the scheduled departure and said that the complainant could have approached any reservation counter within the South Central Railway zone for cancellation.The commission observed that the Railway Board’s refund rules did not specifically address situations where trains are cancelled because of natural calamities shortly before departure. “It is clearly evident from the given notification that there is no such rule position in the entire notification as quoted by the Opposite party in its repudiation letter that for up journey the passenger has to claim for refund within 3 days before schedule departure of the train and for down journey within 4 hours before the schedule departure of the train in case of trains being cancelled due to unexpected natural calamities,” the commission noted.Story continues below this adAs the train was cancelled due to floods and heavy rains, the court said that the regular rule position for refund procedure cannot be taken into consideration. “Opposite party/Railways have not taken sufficient care in drafting the rule position to accommodate certain unforeseen or unusual circumstances as the one happened with the Complainant and given any solutions for the issues arise out of such conditions,” it added.Calling the approach “inhumane”, the commission observed that it was unreasonable to expect a senior citizen stranded by floods to immediately seek ticket cancellation when his priority would naturally be to find a safe way to return home.The commission, thus, directed the Railways to refund Rs 5,955 and pay Rs 15,000 as compensation for mental agony and Rs 10,000 towards litigation costs within 45 days.TakeawayThe ruling underscores that consumer rights cannot be defeated by a rigid or mechanical application of procedural rules, particularly when services are disrupted due to natural calamities. The decision also highlights the need for public authorities to frame clear policies for handling cancellations caused by unforeseen events.Story continues below this adFor consumer-related grievances, individuals may contact the consumer helpline in their respective states and union territories (Telangana: 1800-4250-0333) or call the National Consumer Helpline at 1915 for assistance.Don’t miss out on these storiesLate by ‘317 minutes’ in reaching destination, man wins Rs 60,000 from Railways41-seater bus ‘overcrowded’ with 96 passengers, man wins Rs 15,000 payoutGold coin ordered online never arrives, man wins Rs 60,000 from e-commerce platform Ashish Shaji is a Senior Sub-Editor at The Indian Express (Digital), where he specialises in legal journalism. Combining a formal education in law with years of editorial experience, Ashish covers court developments and key cases for the audience. Expertise Ashish is a law graduate (BA LLB) from IME Law College, CCSU. His work at The Indian Express focuses on translating the often-dense proceedings of courts into clear, legal content. He also runs liveblogs from the Supreme Court and various High Courts. Industry Experience: With over 5 years in the field, Ashish has contributed to several niche legal and professional platforms, honing his ability to communicate complex information. His previous experience includes: Lawsikho: Gaining insights into legal education and practical law. Verdictum: Focusing on high-quality legal news and court updates. Enterslice: Working at the intersection of legal, financial, and advisory services. ... Read More Tags:consumer court