Loss of opportunity of exam due to train delay
2 Answers
Dear Sir,
You may file a case against Indian Railways for deficiency in service, but success in obtaining compensation for loss of examination opportunity depends upon the facts and evidence available. Mere delay of a train by itself does not automatically make the Railways liable for all consequential losses suffered by passengers.
Courts and Consumer Commissions generally recognize that train delays can occur due to operational reasons, weather conditions, technical faults, signal problems or other unavoidable circumstances. The Railways often protect themselves through statutory provisions and conditions printed on tickets stating that arrival and departure timings are not guaranteed.
However, if the delay was extraordinary, avoidable, caused due to negligence, and resulted in serious loss to you, you can still attempt legal action.
Dear Client,
You may surely file a complaint against the Indian Railway, though gtting a compensation in such matters can be tricky unless you manage to establish negligence or operational failure from the part of the Railway. Even though the courts have shown a precedent of giving compensation to the distressed, the Railway is generally protected from liability for delays caused by operational, technical, weather-related, or unavoidable reasons unless there is gross negligence. If you can prove in the court of law that the delay was avoidable, extraordinary and resulted in actual loss then you can file for compensation for travel expenses, mental agony suffered and consequential loss. Keep your examination admit card, train ticket, delay proof and any other official communication regarding the delay as proof.
I hope this helps and if you have any further issues do not hesitate to contact us.