NIRMAL OSTWAL Vs. NORTHERN RAILWAY

JUDGEMENT

(1.) The revision petitioner, Shri Nirmal Ostwal, is the original complainant who filed a petition before the District Forum, Ambala. His case is that he and two of his family members who were on a pleasure trip to Shimla, Kulu and Manali purchased three tickets of First Class Chair Car for journey by train from Kalka to Shimla. The fare was eight times the ordinary class fare because this train-ride is considered to be scenic pleasure ride. The complainant is suffering from severe cervical spondylitis and is required to take care of his spine and hence needed to travel by First Class Chair Car with comfort. However, they were not provided accommodation in the Chair Car but were accommodated in coach No. C-6.

(2.) It is the case of the complainant that coach C-6 is actually a second class compartment which is divided into three parts, one for parcels, second for guards in the middle and the third for ladies. The photographs of coach C-5 which is an adjacent Chair Car and Coach C-6 in which he was accommodated are filed on record. The district Forum held that there was deficiency of service on the part of the Railways and ordered payment of Rs. 5,000/- by way of compensation and awarded costs of Rs. 2,000/-. In appeal by the Railways, the Haryana State Commission passed an ex parte order setting aside the order of the District Forum on the ground that if the complainant was not satisfied with the sitting arrangement in Coach C-6 he should have got his tickets cancelled or should have lodged a complaint with the Station Master at Kalka or with the Guard of train which he did not do and rather preferred to carry out his journey in Coach C-6 only.

(3.) We heard the parties and gone through the case records. The District Forum passed a well reasoned order. The argument of the Railways was that Coach C-6 also had cushioned seats. The complainant did admit in his cross-examination that the seats were fitted with 2" wide cushion and with a similar cushioned back. However, he also stated that these cushioned seats were not of the same type as seats provided in the standard chair car where seats could be reclined for comfort of the passengers.