VIRENDRA SAHAI BISARIA Vs. NORTHERN RAILWAY

JUDGEMENT

(1.) -PETITIONER was the complainant before the District Forum, where he had filed a complaint alleging deficiency in service on the part of the respondent Northern Railway.

(2.) UNDISPUTED facts of the case are that the petitioner/complainant along with his three family members, booked seats in second class sleepers for going from Lucknow to Allahabad in Gomati Express, for which reservation tickets were issued in coach number S-1. It was the case of the complainant before the District Forum that when he reached the station he did not find any 's-1' coach. He found only A-2 coach attached. Since they were keen to go to Allahabad, they decided to board a compartment of second class and travelled to Allahabad undergoing mental agony and physical pain. At Allahabad they approached the TTE for refund of the ticket but this was not done. It is in these circumstances, a complaint was filed before the District Forum, who after hearing both the parties on merits, dismissed the complaint. An appeal filed before the State Commission, against the order of the District Forum, met the same fate, hence this revision petition before us.

(3.) WE heard the complainant/petitioner in person, who is an Advocate by profession, and perused the material on record. It needs to be clearly stated that there is a concurrent finding of fact returned by both the lower Fora that Coach No. S-1 was attached and the petitioner and family travelled by the same coach.