INDIAN RAILWAY vs YESHWANT TIWARI

THIS appeal is directed against the order dated 10.8.2001 passed in Case No. 26/1998 by the District Consumer Disputes Redressal Forum, Durg (for short the ''District Forum''), whereby the complaint for deficiency in service in not providing the facility of water in wash-basin toilet in Godwana Express No. 2409 on 22.5.1996 from Durg to Delhi in Sleeper Coach S-1 inspite of repeated complaints and stop at Nagpur for one and half hours and not permitting Dr. P.P. Sharma to travel with his family because of issue of ticket in the wrong name, was allowed with an order to pay compensation of Rs. 55,000/- for the mental pain, inconvenience, harassment, suffered in journey from Durg to Delhi along with Rs. 1,000/- as costs of the proceedings.

AFTER hearing learned Counsel for the parties and on reappraisal of evidence on record, the submission of the learned Counsel for the appellant that the jurisdiction of the Consumer Fora in view of Sections 13 and 15 of the Railway Claims Tribunal Act, 1987, was barred cannot be accepted as the claim was not for return of the fare of Dr. P.P. Sharma, but was for deficiency in service in issuing a wrong reserved ticket in some other name, therefore, he was not allowed to travel with his wife and children who were going for pilgrimage. The complaint was also for not providing facility of water in wash-basin and toilets, amounting to deficiency in service. The question was considered by this Commission in the Station Superintendent, Western Railway & Ors. v. K.K. Shukla, 1999 (2) CPR 17, wherein in para 15 it has been held that composite claim of refund of fare and for award of compensation for deficiency in service is not barred.

On merits the finding of deficiency in service recorded by the District Forum, after appreciation of evidence in details is neither manifestly illegal nor perverse, hence the respondents are entitled to compensation.

HOWEVER, the award of compensation of Rs. 55,000/- is highly excessive and penal. Considering the circumstances the ends of justice would meet if the amount of Rs. 10,000/- in all is awarded as compensation along with Rs. 1,000/- as costs of the proceedings, which shall be paid by the appellant to the respondents within a period of two months from the date of receipt of certified copy of this order. In the result, the appeal is partly allowed. The order of the District Forum shall stand modified as indicated hereinabove. A copy of this order be conveyed to the parties and a copy be sent to the District Forum along with the record of the case. Appeal partly allowed.