LAWS(NCD)-2006-12-76

SOUTH CENTRAL RAILWAY Vs. VINOD SANGHI

Decided On December 29, 2006
SOUTH CENTRAL RAILWAY Appellant
V/S
VINOD SANGHI Respondents

JUDGEMENT

(1.) The opposite parties are the appellants. Aggrieved by the order of the District Forum-II, Hyderabad in CD No. 980 of 2004 dated 27.4.2005, the present appeal has been filed under Section 15 of the C.P. Act. The factual matrix leading to the filing of this appeal are set out as hereunder : The complainant Nos. 1 and 2 booked tickets from Hyderabad to Delhi by train No. 2723 and again from Delhi to Haridwar for the dates 12th and 13th March, 2004. The said train should have reached Delhi at 8.40 a.m. on 13.3.2004 but it reached at 12.30 p.m. with a delay of 4 hours due to which the complainants missed the train from Delhi to Haridwar and they had to purchase fresh tickets for travel in a different train. It is the case of the complainants that due to the negligence of the opposite parties they were put to lot of inconvenience. The complainants, therefore, approached the District Forum for appropriate relief.

(2.) In the counter filed by the opposite parties they admitted about the booking of the tickets by the complainants from Hyderabad to New Delhi by train No. 2723 on 12.3.2004 and that the train should reach Delhi at 8.40 a.m. on 13.3.2004. It is stated that due to the derailment of another train there is a delay in reaching the train to Delhi. The original tickets booked by the complainants were cancelled by them at Delhi and they performed their journey in some other train. It is their case that the complainants should approach Railway Claims Tribunal and the District Forum has no jurisdiction to entertain this complaint.

(3.) Based on the pleadings and documents Exs. A1 to A5 the District Forum directed the first opposite party to refund the balance amount of Rs. 110 and also Rs. 500 towards the excess fare spent by the complainants for travelling in Shatabdi Express together with compensation of Rs. 500.