‘Lucknow Metro Rail Corporation is a service provider, can be sued for glitches’
“Metro is a service provider and it can be sued under consumer law.”lucknow Updated: Sep 08, 2017 15:09 IST
The Lucknow Metro Rail Corporation (LMRC) is a service provider and can be sued in consumer courts for technical failures, say lawyers.
Gaurav Tripathi, a passenger who missed his flight due to the Metro train being stranded at Mawaiyya crossing for two hours on Wednesday, said, “I work for a multinational company and was scheduled to take a flight to attend an important meeting in Delhi. I started three hours before the scheduled time and boarded the Metro. But I was stranded in the train for two hours and missed the flight. This affected my reputation in front of bosses and clients.”
“When I spoke to LMRC MD Kumar Keshav he was indifferent to my problems and said what if I had got stuck in a traffic jam,” said Tripathi.
“Instead of consoling me, he told me to forget about any compensation and think that it was the first day of Lucknow Metro, so nothing could be done,” he added.
Consumer lawyer Sarvesh Sharma said, “Even airlines have been sued by passengers for flight delays due to which they incurred business losses or missed connecting flights.”
Even Railways had to pay penalty for passengers missing connecting trains. In April 2015, the Consumer Disputes Redressal Forum ordered two Indian Railways officials to pay Rs 8,000 to a consumer who missed his connecting train to Chandigarh from New Delhi.
Nazim Ahmed, a resident of Sector 25, Chandigarh was travelling by the Bhagalpur-New Delhi (Anand Vihar) Garib Rath Express on May 13, 2014 and the train reached the station eight hours late.
Because of the delay, Ahmed missed his train (Kerala-Sampark Kranti Express).
Ahmed pleaded to the stationmaster of New Delhi station to connect that ticket with other train as it was not his fault. And it was important for him to reach the destination.
However, Ahmed’s plea was turned down by the station master who stated that it was not permissible under law, and he had to purchase a new ticket. Following this, he filed a case with the consumer court and won a compensation of Rs 8,000.
Another lawyer Prashant Kumar said, “The passenger is fit to get compensation, if he proves the quantum of loss he has suffered. Metro is a service provider and it can be sued under consumer law.”