NORTHERN MADHYA RAILWAY Vs. BRIJKISHORE SHARMA

JUDGEMENT

(1.) (Oral)Both these appeals though filed against separate orders of the District Forum, Bhind, arise a common controversy, and are therefore, being decided by this common order. The facts have been taken from Appeal No. 28/2009 for convenience unless otherwise stated.

(2.) THE matter relates to the cancellation of Train No. 3008 "Tufan Express" on 4.3.2008. According to the appellants earlier this train had been cancelled from 3.1.2008 to 31.1.2008 and from 1.2.2008 to 15.2.2008. Ticket was booked on 1.2.2008 for journey on 4.3.2008 from Etawah to Jasidih. However the train was cancelled on 4.3.2008 with the result the complainants had to suffer inconvenience because of the act of the Railways.

(3.) LEARNED Counsel for the appellant -Railways submits that wide publicity was given about the cancellation of the train as is clear from the documents appended to the application under Order 41 Rule 27, CPC and, therefore, the complainants must have known about the cancellation. In any case, the Railways published notices in the newspapers and apprised the public about the cancellation of train and did not err in its duty. Letter dated 2.4.2009 has also been filed to show that the amount of the ticket charged for the journey has been credited back to the account of the agent respondent No. 8 and, therefore, the Railways have performed their duty well.