UNION OF INDIA Vs. GUMMADI NARASIMH

JUDGEMENT

(1.) THIS is an appeal filed by the Union of India and the South Central Railway, opposite parties before the State Commission and appellants herein, against the Order of 25th January, 1992 in Case No. 45 of 1991. The State Commission had come to the finding that the passenger Special Train booked by the Rythu Coolie Sangham was not run in time and properly, causing inconvenience and hardship and loss to the complainants-respondents. As such it directed that the Sourth Central Railway can collect only passenger train fare for the actual distance of 135 Km + 135 Km instead of Express Train fare for 1,495 passengers for 500 + 500 kilometers distance with 10% service charges, that the levy of full detention charges for 10 hrs. is not justified and the same shall be limited to half. The South Central Railway was further directed to refund the amount found to have been collected in excess as per the aforementioned directions.

(2.) THE facts briefly are that a conference of the A.P. Rythu Coolie Sangham was to be held at Guntur on 27th May, 1990. The complainant respondents had booked a Special Express Train for their delegates to attend the conference from Singareni Collieries Railway Station to Guntur. The Special Train was to leave at 7.00 a.m. on the 27th May, 1990 and reach Guntur by 14.00 hrs. on 27th May itself. On the return journey it was to leave Guntur at 02.00 hrs. on the 28th May, 1990 reaching Singareni Collieries Station at 9.00 a.m. on the same day. A special ticket was issued for 1,495 passengers for the to and fro journeys in addition to the amount levied for the special service charges at 10% of the fare.

(3.) AGAIN on the return journey the train started late at 3.00 hrs. on the 28th May, 1990 and reached Guntur at 9.00 a.m. on the same day resulting in the passengers having to miss their duties.