UNION OF INDIA Vs. JUSTICE RAM

JUDGEMENT

(1.) THIS is an appeal against the order of the State Consumer Disputes Redressal Commission, Bihar at Patna. That order was made on the complaint filed against Chairman, Railway Board, New Delhi & Ors., by the present respondents. The case of the complainant is that Justice R.N. Thakur, his wife Smt Savitri Thakur and nephew Shri Saurav Jyoti Sharma were to go to Guwahati. They tried for reservation in N.E. Express and Tinsukia Mail which passes through Patna but could not succeed. Therefore, they sent a person to Muzaffarpur for reservation for 17th October, 1989 in Avadh-Assam Express. The complainants got three tickets for First Class. Mr. Justice R.N. Thakur, his wife and nephew went to Muzaffarpur from Patna to catch the train. They were given births in a First Class Coupe at Muzaffarpur in which another passenger along-with his attendant was also travelling.

(2.) ACCORDING to the case of the complainant the said coupe was hopelessly bad and the door was in broken condition and could not be locked or bolted and the coupe was extremely dirty and not worth use by human being. They complained to the Conductor. At Samastipur, another Coupe which had fallen vacant was given to them but that too was in very bad condition. Though its door could be bolted the compartment was awfully dirty. Instead of screws nails were fitted in benches which were rusted and exposed by which they got scratches twice. Windows were so fitted that in the night when there was rain water came down into the bogey with the result water went under the benches causing inconvenience. The condition of the bath room was also terrible. Water used to leak from the tank with the result there was no water in bath rooms when train was running. Justice Thakur complained, several times to the conductors. Of course water was filled up at halting stations but it all leaked. The wash basins and pans were so dirty that it was impossible to use. Justice Thakur could not use the bath room in the course of his journey of 24 hours. Through out the journey Justice Thakur and his companion remained in mental and physical troture and shock through out the journey and spent sleepless night. Even one of the fans of the coupe was not working. Hence according to the complainant the performance of service by the Railway was very poor and inadequate and it was much below the standard which the Railway was required to maintain. Thus the three complainants claimed compensation to the tune of Rs. one and a half lakhs each for mental and physical torture which they suffered due to negligence acts of the Railway Department.

(3.) THE State Commission came to the opinion that the allegations contained in the complaint were correct and thus there was deficiency in service on the part of the Opposite Parties. Accordingly Rs. 1,000/- as compensation was awarded to each of the complainants.