SOUTH EASTERN RAILWAY Vs. YESHWANT TIWARI

JUDGEMENT

(1.) It is the Railway which has filed this petition and was opposite party before the District Forum.

(2.) Complaint against the Railway was that when the complainant No. 1 with his family travelled in the reserved compartment of Railway, water was not available in the toilet as the water pipe had broken resulting that there was no facility of water at all. Complainant No. 1 said he and his family suffered on that account it being the month of May. In spite of complaints nothing was done to repair the broken pipe. Other passengers had also complained. Facts alleged by the complainants in the complaint were not disputed by the Railway by giving particulars except in its written version it had mainly denied whatever the complainants said. Railway did not file any evidence of the train attendant or any other person to rebut the evidence led by the complainant. District Forum held in favour of the complainants and directed Railway to pay Rs. 55,000.00 as compensation and Rs. 1,000.00 as cost.

(3.) Railway went in appeal to the State Commission which upheld the order of the District Forum except that the compensation was reduced from Rs. 55,000.00 to Rs. 10,000.00. Still feeling aggrieved, Railway has come before us. There is a concurrent finding against the Railway. Moreover, it has not been denied that Railway was required to see that water was available in the train. We do not find it is a fit cause for us to exercise our jurisdiction under Clause (b) of Sec. 21 of the Consumer Protection Act, 1986. This revision petition is dismissed. Revision Petition dismissed.