FIRST ASSISTANT COMMERCIAL SUPERINTENDENT Vs. SANDEEP ROY CHOWDHRY

JUDGEMENT

(1.) This appeal is by the opposite party, First Assistant Commercial Superintendent, Madras Central against whom an award has been passed by the District Consumer Disputes Redressal Forum, Madras (North ).

(2.) The three complainants (the respondents herein) who are the officers of Standard Chartered Bank, booked onward and return journey tickets for their travel from Madras to Mettupalayam and back with the opposite partyrailways. After enjoying their holidays in Ooty, when they approached the concerned Railways Authorities on 11.12.92 they were shocked to learn that their return tickets were cancelled because of messages from Madras. They were forced to make their return journey by taxi spending Rs.550/- per head. Due to the long journey two of them could not attend the bank of 14.12.92 and other attended with great difficulty. When the matter was taken up with the opposite party they requested the complainant to collect refund of the fare. When the complainants sent lawyer's notice demanding compensation, the opposite party replied that they were responsible only to refund the fare. The Act of the opposite party amounts to deficiency in service and that had caused hardship to the complainants. On these allegations they filed the complaint for compensation.

(3.) The opposite party in their written version admit that the reservation of the complainants were cancelled at Mettupalayam because of the messages from Madras. However they would contend that if the complainants had produced the tickets and verified with the Station Master, the reservation would have been restored and the descripancies could have been rectified, but the complainants have chosen their own mode of journey. They further contend that there was no negligence or deficiency in service on the part of the Railways.