UNION OF INDIA Vs. SAMUDRALA GOVINDA RAJULU

JUDGEMENT

(1.) After carefully perusing the record of the Prakasam District Forum in O. P. No.63/1996 and its order dated 27.9.1996 therein questioned in the present appeal by the opposite party in that O. P. , we are not inclined to interfere with the findings of the District Forum that it had jurisdiction to entertain that O. P. and that there was deficiency in service on the part of the Railway Authorities.

(2.) On the question of maintainability of the O. P. the order of the District Forum is fully supported by the decision of the National Commission in Union of India V/s. M. Adaikalam,1993 2 CPJ 145, which was followed by us in General Manager, South Central Railway, Secunderabad V/s. M. Premkishore,1998 ALD 98. In the present case also there was no claim for compensation in respect of goods entrusted for carriage to a Railway Administration, or by a passenger in respect of an accident involving a train carrying passengers, or for refund of fare simplicitor. The complainants (respondents before us) in the present case contended that there was deficiency in service on the part of the Railway Authorities and that they should be paid compensation for the same.

(3.) The undisputed facts of the case are that each of the three complainants had reservation tickets in Sec.8 sleeper coach (II Class) of Tirumala Express for travelling from Ongole to Tirupathi on 14.2.1996-the time of departure of the train at Ongole was 1.30 a. m. and its halt there was for five minutes. The complainants in fact travelled in a general compartment and the berths 33, 36 and 34 reserved for them in S.8 coach remained unoccupied.