UNION OF INDIA Vs. K C ANAND

JUDGEMENT

(1.) This appeal has been directed against the order dated 7.4.1999 passed by District Forum-I, Tis Hazari Courts, Delhi in Complaint Case No.1016/1996 awarding compensation of Rs.6,000/- to the respondent on account of deficiency in service as the appellant was held up for 5 days in the train which normally used to take 50 hours from the place of its dep ure to its destination. The appellant assails this order on the ground that the time of 5 days taken by the train was not on account of deficiency in service or due to inefficiency of the staff of the railways but was because of heavy storms paralysing the communication system.

(2.) Be that as it may it is difficult to accept that due to heavy storm a person travelling in the train would be held up for 5 days. Even if it is assumed that communication system collapsed due to heavy storms still non-rectification of the system itself comes within the ambit of the deficiency in service as in such eventualities the provider of service is expected to have efficient damage control system. The passengers cannot be left in lurch and at the mercy of the railways for its inefficient handling of the situation.

(3.) The appeal has no merit and is dismissed in aforesaid terms.