(1.) THIS revision petition challenges the order dated 9.9.2010 of the Karnataka State Consumer Disputes Redressal Commission, Bangalore (in short, 'the State Commission') in Appeal No. 2805 of 2010. By this order, the State Commission dismissed the appeal of the petitioner and confirmed the order dated 28th May, 2010 of the District Consumer Disputes Redressal Forum, Dharwad (in short, "the District Forum') in Complaint Case No. 78 of 2010. By the said order, the District Forum had found the opposite party (OP/Appellant/Petitioner) guilty of deficiency in service and directed payment of compensation of Rs. 1,000 and cost of Rs. 1,000 to the complainant/respondent.
(2.) THE case of the respondent/complainant was that he, a senior citizen, travelled from Bangalore to Hubli on 20.10.2009 by train. When the train halted at Kadur Station there was no one from the Railways to clarify why it had stopped. The train started from Kadur two hours late. As a result, the complainant reached Hubli past mid-night. No public transport available at the Railway Station at that late hour. It was drizzling and also chilly because of which, he fell sick the next day and his return journey had to be postponed. On account of the inconvenience and hardship thus suffered by him, he filed a complaint before the District Forum when he received an unsatisfactory reply after nearly four months.
(3.) THE main defence of the petitioner/OP was that under the Railways Act, the Railways were not responsible for the delay in arrival/departure of trains on account of unforeseen circumstances and in the present case the respondent/complainant could have used the waiting room at the Hubli Railway Station if he could not get public transport for going home from there.