A.K.ANNAMALAI J. - (1.) THE opposite party is the appellant.
(2.) , The complainant booked a ticket for Erode in Yercaud Express Train "No. 6669 for the journey on 23.9.2005 in second class A/c tier with the request for boarding at Arakonam junction and as per the scheduled departure time at 00.30 hours on 23.9.2005 when the complainant boarded the train the berth reserved for him was occupied by another stranger who refused to vacate and when the TTR approached he said that the ticket was wrongly issued and the complainant's journey is only for 24.9.2005 and not on 23.9.2005. Apart from that, the TTR collected a sum of Rs. 1800 as penalty and issued excess fare ticket. So, the complainant, his wife and child were stranded in the train and got mental agony. Hence he filed a consumer complaint and prayed to refund of excess fare paid Rs. 1800 and to pay compensation of Rs. 2,00,000 with costs.
(3.) AFTER an inquiry the District Forum allowed the complaint directing the opposite party to refund the sum of Rs. 1800 and another sum of Rs. 20,000 as compensation and to Rs. 1000 as costs. Aggrieved by the impugned order the appellant/opposite party in this appeal contended that the ticket booked for the journey in Yercaud Express which is leaving from Chennai Central and the complainant was permitted to board at Arakonam junction where the train would arrive at 00.30 hours from Chennai Central after departure at 23.30 hours and thereby since the ticket was reserved for the journey on 23.9.2005 on which date after the departure hour at Chennai Central at 23.30 hours on the next day morning at 00.30 hours the complainant should have boarded the train and instead he boarded the train one day in advance on 23.9.2005 when the day started 00.30 hours and there is no day time train by name Yercaud Express which only available as the night train and thereby the complainant had committed mistake in noting the date and time and there is no deficiency in service on the part of the opposite party and there by the District Forum erroneously allowed the complaint without considering the above details.;