UNION OF INDIA Vs. MADHU P SINGH

JUDGEMENT

(1.) Union of India; Northern Railway through its General Manager, Baroda House, New Delhi; Sh. Bawa Singh, Train Superintendent, Shatabdi Express, New Delhi to Amritsar; and Sh. Nirmal Singh, Train Ticket Examiner, Shatabdi Express, New Delhi to Amritsar aforesaid have filed this appeal against order dated 24.12.1998 passed by the District Consumer Disputes Redressal Forum-II, U. T. , Chandigarh (for short hereinafter to be referred as the District Forum-II) vide which it allowed the complaint and directed for the refund of Rs.700/- charged from the respondent/complainant, Mrs. Madhu P. Singh along with interest @ 10% p. a. from 31.3.1997 till payment and also awarded a consolidated compensation of Rs.15,000/- to the complainant against the appellants who were made liable jointly and severally.

(2.) The appellants were not present before the District Forum-II at the time the said complaint was taken up for hearing and disposal. Mr. B. S. Walia, Advocate had appeared for the complainant/respondent, Madhu P. Singh w/o Sh. Pritpal Singh, r/o H. No.43, Sector 16-A, Chandigarh. The complainant/respondent had purchased a ticket for travelling by Shatabdi Express Train No.2005 from New Delhi to Chandigarh on 31.3.1997. She was allotted a seat in Coach No. C-5 of the train. The complainant reached the Railway Station, New Delhi to board the said train on 31.3.1997. After reaching the platform No.1, the complainant/respondent found a board on the train displaying the name of the train as Kalka Shatabdi Express and accordingly, she boarded the train in the said Coach No. C-5. Soon thereafter, the train started moving, a passenger approached the complainant and told her that she was occupying the seat which was allotted to the said passenger. Thereafter, the complainant/respondent contacted the Superintendent of the train and learnt from him that she had boarded a wrong train and as a matter of fact the said Shatabdi train was going from New Delhi to Amritsar instead of from New Delhi to Kalka. It is alleged that the complainant then requested the Superintendent to stop the train at the next Railway Station, Sabzi Mandi to enable her to get down, but he refused. It is also alleged that the complainant was treated rather rudely. The complainant was charged a sum of Rs.700/- as fine by the Train Ticket Examiner, Sh. Nirmal Singh. It was further alleged that the train ultimately stopped at a distance of one kilometre ahead of Ambala Cantt. Railway Station and there she along with other similarly situated passengers were made to get down the train and thereby causing them inconvenience and harassment in reaching the railway platform at Ambala Cantt. for continuing their journey in the Kalka Shatabdi Express. On these averments, the respondent/complainant filed the complaint case and sought refund of the amount of Rs.700/- besides compensation. As mentioned earlier, the District Forum-II allowed the complaint and directed for the refund of the amount as well as awarded compensation to the complainant/respondent against the appellants.

(3.) The opposite parties of the complaint, namely, Union of India and Others felt aggrieved by the order passed by the District Forum-II and have filed this appeal. Notice of the appeal was issued to the respondent/complainant, who put in appearance. There was an application moved for seeking condonation of delay in filing the appeal which was allowed by this Commission order dated 13.9.2000 and the appeal was admitted for hearing.