GENERAL MANAGER SOUTHERN RAILWAYS Vs. J F ALBERT FERNANDO

JUDGEMENT

(1.) The General Manager, Southern Railways, the opposite Party before the District Forum has preferred this appeal against the order of the District Forum, Madras on O. P.9/90 dated 17.12.90.

(2.) The complainant-respondent reserved 42 seats for his party to attend the marriage of his son at Bangalore a month earlier for journey from Madras to Bangalore by Brindavan Express on 23.10.88 in coach D. C.8. But they found that all these 42 seats in that coach were occupied by other passengers holding earlier reservation tickets. The Complainant's party had therefore travel by standing in passages and corridors with much inconvenience. It is the further case of the complaint that his son and daughter-in-law were holding two reserved tickets for travel from Madurai to Madras on 17.4.90 by Pearl City Express in Coach No. S 7. These seats were also found filled up. They had therefore to travel with inconvenience. Hence the claim for compensation at Rs.1,000/- per ticket. The complainant has also filed an affidavit to that effect.

(3.) The Railway administration admitted the allegations of erroneous allotment of seats, but pleaded that alternate accommodations were provided to them and there was no inconvenience. The provisions of the Indian Railways Act and the rules are pressed into service to defeat the claim for compensation.