A.K.ANNAMALAI, J. - (1.) The opposite parties are the appellants.
(2.) The complainants/respondents filed a complaint against the opposite parties seeking for the relief of refund of Rs.688/- towards the travel ticket amount, to pay Rs.25,000/- towards compensation for mental agony and for hardship and Rs.20,000/- for physical pain and other consequences and Rs.5,000/- towards expenses for letters and transport and Rs.3,500/- as cost for the deficiency of service rendered by the opposite parties.
(3.) The complainants have booked first class tickets on 25.8.05 for the travel on 31.8.05 from Thiruthuraipoondi to Chennai in Rameswaram Express and in the reservation form the complainants mentioned their age as 90 and 80 and thereby confirmed ticket for first class was issued without any mention about the berths and on enquiry it was stated when once confirmed ticket issued it would mean the allotment of seats as prayed and cost of the two tickets was Rs.688/- and on 31.8.05 both the complainants boarded the train at 9.20 hours and in the first class 1st complainant was allotted upper berth and the TTR informed another upper berth was allotted to the 2nd complainant in the next compartment and they were not allotted lower berth even though the same was allotted to the other passengers who were lesser age than the complainant and when the TTR was requested by informing the nature of inability of the complainant due to their old age of joint pain in spite of that he has not preferred to allot any lower berth and asked them to sit on the wooden seats and thereby both of them continued their journey without any sleep by sitting and standing in the same compartment and thereby they have suffered severe hip pain and joint pain with swellings on legs are forced them to take treatment for 6 days by staying at Chennai. Without mentioning the berth details issue of ticket is deficiency and thereby caused untold miseries and health problem to the complainant and thereby on 5.9.05 the first complainant gave a report and sent Xerox copy of the ticket and thereafter as there was no action on 23.9.05 an advocate notice was issued and thereby the complainants have come forward with this complaint seeking for the relief as above.;