UNION OF INDIA Vs. DINESH CHANDRA GUPTA

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 14.6.1993 passed by District Consumer Forum, Meerut in Complaint Case No.1 of 1991.

(2.) The facts of the case stated in brief are that the complainant travelled in reserve compartment No.8114 train No.411 UP from Lucknow to Meerut City on berth No.15 on 29.4.1989. His ticket number was 64969. Both the windows did not have a window-pane on account of which the complainant had to face, dust, water and heavy flow of air. He could not sleep throughout the night on account of which he got infection in the eye and headache. The complainant was put to immense trouble. On 30.4.1989 the complainant lodged a complaint at the Meerut Railway Station. The complainant was not provided with any answer. It is the duty of the Railway Administration to keep the windows etc. in working condition. The complainant intimated on 23.8.1990 by registered post. It was also not replied. Thereafter the complainant filed the present complaint for recovery of damage.

(3.) The opposite party in the written statement has alleged that the records are kept for six months only and after that they are destroyed. As the weather was not of winter, therefore, the complainant would not have been put to any trouble on account of the absence of window-panes. If there was no glass when the journey started from Lucknow, then the complainant should have informed at Lucknow Railway Station itself so that the window-panes would have been provided. The complaint should have made to the Conductor or Guard but that was not done. It is the duty of the Station Master from where the train starts to keep the windows in perfect working condition. The complainant is liable to be dismissal as there is no jurisdiction of the District Forum to entertain the complaint. If the complainant was very much sensitive, then he should not have travelled in 2nd Class but should have travelled in 1st A. C. or A. C. Chair Car.