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The passenger could not sue Russian Railways for almost being kicked off the train

A reader contacted the editors of TourDom.ru and told him about his unsuccessful experience in suing Russian Railways for compensation for moral damage. In May last year, a man bought a train ticket on the Russian Railways website using his international passport, so when registering he only filled out his first and last name – according to him, the “Patronymic” column was marked as optional. The ticket was fully paid from Tikhoretskaya station to Samara, the man walked into the carriage calmly. At the Salsk station, the train manager called the transport police to disembark the passenger – in his own words, precisely because the ticket did not have a middle name.

The transport police did not see any violation of the rules and refused to let the boss go. But the passenger himself claims that he “received stress and moral trauma,” and also felt unwell due to food poisoning he had previously received and a sleepless night preceding the conflict.

The passenger went to court, demanding compensation for moral damage – the initial amount was 300 thousand rubles, then during the proceedings it increased to 500 thousand – for violation of his consumer rights, for “misleading him” and for an unlawful attempt to disembark him from the train, and also due to “incorrect operation of the Russian Railways website for selling tickets.” The legal proceedings eventually dragged on, and only in January of this year the court made a decision – the man was denied his demands.

The reasoning part of the document (available to the editors) states that when boarding the carriage, the conductor noticed the absence of a middle name on the ticket and suggested that the man correct this by issuing a new document with the correct data (for this he would have to pay an additional 200 rubles). The man refused, after which the conductor had to call the train manager to resolve the conflict.

The court noticed that when filling out data on the Russian Railways website, the middle name is not indicated only if it is missing (the man has one). Compensation for moral damages was denied because the passenger did not provide evidence confirming “the infliction of physical or mental suffering” or a violation of his rights as a consumer.

Lawyer Dmitry Davydenko is sure that both sides are wrong in this situation. According to him, there was no point in the train manager kicking out a passenger who had issued a document for a valid passport from the carriage. But in this situation, the lawyer does not understand why the man went to court at all.

“There was some kind of personal conflict, most likely not connected in any way with this ticket. His rights were not violated if he was not deported and administrative liability was not applied. What can he get? For what and from whom? The ticket was not cancelled, he drove on it. What’s the problem – that the transport police checked his documents?” – Dmitry Davydenko was surprised.

However, as Fyodor Korobkov, a member of the Confederation of Societies for the Protection of Consumer Rights, said, when demanding compensation for moral damage, this very problem may well arise:

“Moral damage can be caused not only by improper performance of services. He was nervous, stressed, his blood pressure rose, his head was dizzy, he felt humiliated and insulted, and he was worried that they would take him to the bullpen somewhere.”

In his opinion, the court should not have refused the passenger based on the available arguments, and in this case it is necessary to file an appeal.

Earlier, TourDom.ru wrote that in December a law came into force establishing the criteria by which a foreign passport may be declared unsuitable for further use. In this regard, the other day many tourists were worried that their passports would be confiscated with mismatched city names – for example, the document states “Ekaterinburg”, but the person was born in Sverdlovsk during the Soviet years. The border service explained that in this case there is nothing to worry about.

Source: Tourdom



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