DIVISIONAL COMMERCIAL SUPERINTENDENT, MURADABAD Vs. A.C.MAHAJAN

JUDGEMENT

(1.) The appeal is directed against the order dated 9 -1 -1992 passed by the Distt. Forum, Shimla on complaint No. 157/91 filed by the present respondent.

(2.) Dr. A.C. Mahajan, respondent/complainant purchased four 2nd Class Railway tickets for himself and his three family members for journey from Shimla to Amritsar on 25 -1 -S990 and applied for reservation of four berths in 2nd Class three -tier coach (i) From Kalka to Ambala Cantt by Kalka Mail on 3 -2 -19*0 and (ii) From Ambala Cantt to Amritsar by Punjab Mail on 4 -2 -19 0. Reservation as applied for, is not denied. Grouse of the respondent before the Forum below was that although he had confirmed reservation for journey from Ambala Cantt to Amritsar against berth No. 9,10,19 and 20 in S -2 coach of 3OO5 -Up and it was duly exhibited in the chart displayed at the entrance of the above coach, he was not allotted the berths, these having been occupied by some other passengers who claimed right thereto on the strength of purportedly allotment made by TIE. Thus deprived the respondent and his family members had to travel in great distress in the middle of the winter night huddled some -how on the lowest tiers. For the inconvenience so caused through negligence of the appellant and the consequent mental and physical torture and humiliation, he had claimed a compensation of Rs. 10,000 respecting all the four passengers.

(3.) The District Forum has come to the conclusion that there was deficiency in service and responsibility for negligence was that of the appellant Railway Administration which was burdened with compensation of Rs. 6,000/ - payable to the respondent/complainant & Rs. 1,500/ - per passenger.