UNION OF INDIA Vs. G C SHARMA

JUDGEMENT

(1.) S /Shri G.C Sharma, B.D. Sharma and N.K. Sharma alongwith the members of their families purchased circular railway tour tickets for 13 berths in AC 2nd Class Sleeper/lst Class from Jullundur Railway Station on the 20th of August, 1991. There was confirmed reservation only of two berths for the Respondent-Complainants, the remaining persons were on the wait list. Messages were also sent for their onward reservation en-route to Bombay V.T., Vascodegama, Bangalore, Madurai, Miraj, Madras Central etc. On reaching the Railway Station on 8th September, 1991 the Respondents-Complainants were told that only 2 berths had been reserved in 2nd Class Sleeper. Their luggages were not loaded in the same train instead it was despatched by another train and the same reached Bombay late putting the Respondents and their families members to great inconvenience. Further train journeys were also not confirmed despite the message sent. In the result they had to travel in congested 2nd Class Three-tier Sleepers and were also subjected to harassment in getting seats in those trains. In consequence their whole tour was spoiled and they suffered mental torture and harassment in addition to waste of money.

(2.) THEY filed a complaint before the District Forum Hamirpur (Himachal Pradesh) which held that there was deficiency of service on the part of Railways and awarded Rs. 4,000/- as compensation to the Complainants before them and who are Respondents here. In appeal the State Commission held that negligence on the part of Revision Petitioner-Appellant was proved and that the compensation awarded was fair and reasonable.

(3.) THE Revision Petitioner has submitted that there was no deficiency of service as there was confirmed reservation only for two persons for journey from Jullundur to Bombay Central and the remaining persons were wait listed. So long as there was no confirmation of reservation in respect of any person, the failure or inability of the Railway Administration to provide accommodation in the train cannot constitute a deficiency in service on the part of the Railway Administration.