UNION OF INDIA Vs. SUNIL AGGARWAL

JUDGEMENT

(1.) This appeal has been filed against the order of the District Forum dated 6.11.91 by which the opposite parties-appellants were directed to refund Rs.126/- boing the cost of the tickets and pay an amount of Rs.1,000/- as compensation to the complainant respondent, within 30 days from the date of the order.

(2.) Briefly the facts are that the complainant booked two railway tickets from computerised reservation system from IRCA Building, New Delhi on 2.5.91 from Bikaner to Delhi for 12.5.91 was allotted PNR No.310006 (ticket No.46108178) for train No.4792 Down. He paid an amount of Rs.126/- as fare. It is alleged that at the time of booking he was informed by the railway official on duty that a telegram would be sent to Bikaner for reservation of two berths. It is further alleged that the telegram did not reach Bikaner as a result of which the complainant w as not provided with any berth. He was asked to purchase a fresh ticket and get fresh reservation done. He could get fresh reservation for 13.5.91 but it was in the waiting list. Consequently, he claimed Rs.5,000/- as compensation and refund of the amount of Rs.126/-.

(3.) The opposite parties contested the claim. It was inter-alia pleaded by them that the service provided to the complainant was a free service and thus he was not entitled to get any compensation. It is further pleaded that the message could not reach Bikaner due to microwave link failure and on that account the reservation could not be made for him.