UNION OF INDIA Vs. ASHISH KAPOOR

JUDGEMENT

(1.) -the appellant has preferred the present appeal assailing the order dated 15.1.1999 passed by District Forum whereby the appellant-Northern Railway was directed to pay Rs.2,000/- as compensation towards mental agony and harassment the respondent suffered by travelling in ordinary coach whereas he had confirmed reserved seat.

(2.) Admittedly, the appellant failed to provide confirmed reserved seats in the coach whereby the respondent and his family members travelled from Delhi to Jalpaiguri in a coach where only seats were provided.

(3.) It is however, contended by Counsel for the appellant that reserved sleeper coach could not be attached with the train due to its non-availability on account of some technical defects and explained the circumstances which were beyond the control of the Railways. At the same time the Counsel had contended that the Northern Railways sued by the respondent was not responsible for the primary maintenance of this rake as the bogie in question came short from Not hern Frontier Railway due to some technical defects and since neither Northern Frontier Railways nor UOI has been arrayed as parties, the complaint of the respondent was defective and not maintainable.