COMMERCIAL MANAGER E RAILWAY Vs. GIRDHARILAL SARAF

JUDGEMENT

(1.) -this is an appeal against the order dated 28.2.2002 passed by the Calcutta District Forum, Unit-I. The present appellant (Railways) was the O. P. before the Forum while the respondent (Sri G. L. Saraf) was the complainant. The brief facts of the case are summarised below.

(2.) The complainant purchased six confirmed AC chair car tickets from Rampurhat for journey from Rampurhat to Howrah on 12.11.2000 with the instruction that the complainant and his family would actually board the train at Bolpur. But when they boarded the train at Bolpur, they found that their reserved seats had been allotted to other passengers. According to the complainant the T. T. E. on duty could allot only two seats to the complainant, but could not do anything for the other four holders of confirmed tickets. As a result they had to travel to Howrah without seats and thereby suffered considerable hardship and inconvenience. The complainant's wife being asthma patient felt nervous during the journey. Upon lodging a complaint, the Railway Authority (O. P.) admitted the lapse and agreed to refund Rs.1,308/- being the purchase price of the said tickets, but declined any compensation. The complainant filed a case before the Forum claiming compensation of Rs.1,00,000/- (one lakh) for the hardship, inconvenience and mental agony suffered besides Rs.1,308/- being the price of six tickets.

(3.) The O. Ps. filed a written objection. The defence of the Railways was that the boarding point of the complainant party was inadvertently not recorded in the Reservation Register and as a result the same was also not reflected in the working reservation chart with the T. T. E. The T. T. E however waited for the complainant family upto Ahmedpur Station and thereafter allotted four seats (out of six seats reserved by the complainant family) to other passengers. At Bolpur Station where the complainant family boarded the train, the T. T. E. offered two vacant seats to them. But the complainant refused to take the two seats and they left the coach at the next station viz. , Guskara. On the basis of the application of the complainant for refund of fare and compensation, the Rly. Authority agreed to refund the fare in full and intimated the complainant accordingly. However the complainant, being not allowed the compensation , filed the case before the Forum. [the District Forum upon hearing both the parties came to the conclusion that there was deficiency in service on the part of the O. Ps. and ordered the O. P. to pay Rs.60,000/- (sixty thousand) by way of compensation to the complainant]. Being aggrieved by this order the O. P. has filed the present appeal.