MINISTRY OF RAILWAYS Vs. G L SANGHI

JUDGEMENT

(1.) THE appellant is a Union of India being Ministry of Railways. Respondent is a Senior Advocate of Supreme Court. It has been directed to refund the amount of difference of fares in AC First Class and AC two -tier to the respondent with 18% p.a. interest from 30.12.1992 till the date of payment and to pay a sum of Rs. 10,000/ - as compensation to the respondent and his wife jointly and also to pay another sum of Rs. 1,000/ - as costs of litigation on account of deficiency in service causing immense harassment and mental agony to the respondent.

(2.) FEELING aggrieved of the order, the appellant has preferred this appeal.

(3.) ACCORDING to the appellant, its only liability was to refund the amount of difference of fares in two classes and nothing more or nothing less. Facts germane for our purpose lie in narrow compass. The respondent purchased two First Class AC tickets for travel from Nagpur to New Delhi on Tamilnadu Express on 30.12.1992. They were wait -listed at Sl. Nos. 1 and 2, PNR No. was 210019 against the ticket purchased on 23.12.1992. At Nagpur Railway Station, they were told by the railway staff that two berths which were earlier reserved for Ms. Khoparde or Mr. Patduke the then Minister in the Central Government were available as they are not performing the journey. Accordingly the respondent and his wife entered into the coach with all his luggage but immediately he was asked to remove the baggage as those two berths had been allotted to Ms. Khaparde, a Member of Parliament. However, he was accommodated in AC two -tier compartment in the same train and the journey terminated on 31.12.1992.