A.V.HUILGOL vs Union of India

THIS appeal, by the complainant, is directed against the order dated 16.9.1992 passed by the District Forum, Dharwad in Complaint No.16/91-92 dismissing the complaint. 2.The complainant commenced his travel in Mahalakshmi Train on a reserved seat on 4.12.1991 from Hubli to Bombay. In the connecting train at Miraj, a seat was also reserved in Mahalakshmi Train from Miraj to Bombay, but the complainant could not occupy the seat in the said train at Miraj as the said train was fully occupied by hundreds of persons i.e. by Dalit Panthers who were going to Bombay to take part in a Mela at Bombay. The Railway officials at Miraj could not provide the reserved seat in the said train for the complainant. The railway authorities refunded the charges for the untravelled portion of the journey only. 3.The complainant further averred that he travelled in a crowded bus to Bombay, thereby suffered lot of inconvenience. So on the basis of these averments the complainant sought compensation from the opposite party. 4.The opposite party admitted the fact that the complainant had the reserved seat in the Mahalakshmi train from Hubli to Bombay. They also admitted that at Miraj, they were not able to provide seat in the train for the complainant. The opposite party further averred that hundreds of Morcha people by force had occupied all the bogies. The opposite party though sought the help of the police to get accommodation for reserved passengers, but they were not able to do so. The situation was beyond the control of the authorities as the mob was unruly, so they refunded the charges for the untravelled portion of the journey to passengers including the complainant. The opposite party on the basis of these averments sought the complaint to be dismissed. 5.The District Forum, Dharwad, considering the material placed on record held that non-providing of seat to the complainant was due to forceful occupation of seats by Dalit Panthers and so the opposite party was not liable to pay any compensation to the complainant. 6.We have called for the records and received. We have also heard the learned Counsel for the parties and perused the records. 7. It is an admitted fact that the opposite party could not provide any seat to the complainant as the Dalit Panthers had occupied all the bogies in the train by force. The opposite party could not provide seats to the complainant even with the help of the Police. 8. It is clear from this material that the inconvenience caused to the complainant was due to certain unforseen circumstance, that is, due to occupation of all the seats in the train by force by the Dalit Panthers. 9. The District Forum, Dharwad, relying on the judgment of the National Commission, as reported in Consumer Unity of Society, Calcutta v. Bank of Baroda, reported in I (1992) CPJ page 18 (NC) and the judgment of this Commission in Shri Atul v. Divisional Manager, South Central Railways in Appeal No.126/ 91 held that the opposite party was riot liable to pay any compensation to the complainant. 10. Having regard to the facts and in the circumstances of the case, we do not And any infirmity in the order recorded by the District Forum, Dharwad. 11. The learned Counsel for the complainant submitted that the opposite party would have at least refunded the entire fare given by the complainant. 12. In the present case, the opposite party has refunded the fare to the complainant for the untravelled portion of the journey. Rule 5 of the Refund Rules of S.C. Railway time table provide that in case a train journey gets dislocated enroute due to unforseen circumstances such as accidents, breaches and floods, the full fare of entire booked journey, without any deduction for the travelled portion shall be refunded at the Station at which the journey is terminated. 13. The reading of this rule would go to show that in case the journey is dislocated due to unforseen circumstances the full fare of the entire booked journey is to be refunded. 14. The admitted circumstances are that the opposite party could not provide the reserved seat to the complainant due to these unforeseen circumstances of occupying all the bogies by dalit panthers by force. 15. We are of the opinion that the District Forum, Dharwad was not right in not considering such a circumstance, as an unforseen circumstance. The complainant is entitled to the full fare of the entire booked journey as per Rule 5 of the Refund Rules of S.C. Railway time table. In the present case it is admitted that the complainant has already received fare for the untravelled portion of the journey from the opposite party. So the complainant is entitled to receive fare for the travelled portion of the journey i.e., from Hubli to Miraj only. ORDER In the result, therefore, this appeal is allowed in part. The opposite party, the respondent, herein, is directed to refund the fare charges i.e., from Hubli to Miraj to the complainant. The respondent shall pay a sum of Rs.250/- (Rupees two hundred and fifty only) to the complainant towards costs in this appeal. The respondent shall pay the above sums, so awarded, to the complainant within 2 (two) months from this day. Appeal allowed in part with costs.