Tte Occupies Passenger Seat Southern Railway Ordered Pay Rs 60000

A consumer body in Kerala recently directed Southern Railway to pay Rs 60,000 to a complainant after a travelling ticket examiner (TTE) was alleged to have illegally occupied a passenger’s reserved seat.

President D B Binu and members Ramachandran V and Sreevidhia T N of the Ernakulam District Consumer Disputes Redressal Commission observed that the “helpless” passenger had to occupy seats other than the one he had booked with his hard-earned money.

“An amount of Rs 50,000 shall be paid by the opposite party to the complainant as compensation for the mental agony and hardship sustained… Rs 10,000 shall be paid by the opposite party to the complainant as cost,” the order dated June 29 read. The commission also directed the railways to refund the entire ticket fare.

The complainant stated that he had booked two train tickets for travelling with his wife from Aluva to Thiruvananthapuram. When the train reached Aluva, the seat allotted to him was occupied by the TTE who kept his suitcase locked on it using a chain, he alleged.

The complainant further said that when he requested the allotted seat, the TTE told him to adjust with some other seat. It was claimed that the TTE harassed the complainant and his wife in front of the other passengers. Alleging deficiency in service and unfair trade practice, the complainant later moved the consumer commission.

The Southern Railway, in its reply, told the commission that the complainant and his wife were allotted berths in two different bays and the ticket examiner had done them a favour by offering a berth in the same bay.

It was stated that the complainant had happily accepted it, occupied the allotted berths and travelled safely without any complaints or protest. It further argued that the complainant’s plea was irrational as it insisted on allotment of his original berth, though he had allegedly accepted the TTE’s offer at the time of travelling.

The Southern Railway stated that the TTE was required to perform his duty well and had, therefore, selected a seat near the door since he had to get down and enter each station. It denied the allegation that the complainant was forced to adjust with other passengers in the coach.

On examining the material on record, including the photograph, the commission noted that a suitcase was placed on the seat allocated to the complainant and locked with a chain. Hence, it rejected the reasoning that the complaint was filed to extract undue monetary gain. The commission held the railways guilty of deficiency in service and unfair trade practice.

“It is very clear that the TTE occupied the seat allotted to the complainant illegally for his comfort and turned out the helpless passenger to go and to occupy some other seats other than the one booked by him from his hard earned money with the expectation of a comfortable travel which is nothing less than deficiency of service and unfair trade practice,” the order read.

The commission directed the Southern Railway to refund the ticket fare and pay Rs 50,000 to the complainant as compensation for the mental agony and hardship, besides Rs 10,000 as costs. The amount must be paid by within 45 days from the date of receipt of a copy of the order, failing which it shall attract 6 per cent interest till the date of realisation.

The ruling reinforces passenger rights and dignity while travelling, which cannot be compromised even by the actions of railway staff. The relief granted demonstrates that railways can be held accountable for not rendering proper services to its customers.

For consumer-related grievances, individuals may contact the consumer helpline in their respective states and union territories (Kerala helpline: 1800-425-1550) or call the National Consumer Helpline at 1915 for assistance.

Ashish Shaji is a Senior Sub-Editor at The Indian Express, where he specializes in legal journalism. Combining a formal education in law with years of editorial experience, Ashish provides authoritative coverage and nuanced analysis of court developments and landmark judicial decisions for a national audience. Expertise Legal Core Competency: Ashish is a law graduate (BA LLB) from IME Law College, CCSU. This academic foundation allows him to move beyond surface-level reporting, offering readers a deep-dive into the technicalities of statutes, case law, and legal precedents. Specialized Legal Reporting: His work at The Indian Express focuses on translating the often-dense proceedings of India's top courts into clear, actionable news. His expertise includes: Judicial Analysis: Breaking down complex orders from the Supreme Court and various High Courts. Legal Developments: Monitoring legislative changes and their practical implications for the public and the legal fraternity. 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