S.BAFNA vs General Manager, Southern Railways

THIS appeal is directed against the order dated 19th day of June, 1998 in O.P. No. 137/1997 on the file of the District Consumer Disputes Redressal Forum, Chennai (North).

THE appellant is the complainant while the respondent is the opposite party. Short facts may be related in order to understand the crux of the issue arising for consideration in this action.

The complainant had purchased confirmed tickets for himself and his wife for travelling to Indore by G.T. train on 20.2.1997 and connecting train from Bhopal to Indore on 21.2.1997 in A/c coach sleeper. There was no problem at all for the complainant and his wife in their travel upto Bhopal. The passenger train Bhopal - Indore came to the platform at about 11.30 p.m. The complainant and his wife and many a passenger having reservation tickets in the sleeper coach could not go inside the coach as it had been already occupied by passengers not having reserved tickets. The unauthorized passengers were not cleared from the coach so as to enable the passengers, who had the reserved tickets to travel by the train, according to the reserved accommodation. The train left the station after some undue delay.

THERE was no response for the complaint made by him. The complainant and passengers like him were deprived of the comfortable journey. The act of the opposite party in not clearing the unauthorized passengers in the reserved coach would tantamount to deficiency in service. In such a backdrop and setting, the complainant knocked at the doors of the Forum below for certain reliefs as prayed for in the complaint.

THE opposite party in pith and substance would contend that there was no deficiency in service on their part. THEre was a rally of Bahujan Samaj Party on the particular day in Bhopal City and the delegates of the rally forced their entry in the reserved compartment. When the passengers having reserved accommodation brought to the notice of the Commercial Supervisor, Bhopal about the unauthorized occupancy, the Commercial Supervisor immediately sent a message for making available security staff for clearing the compartment occupied by the passengers not having reserved tickets. All possible steps have been taken to vacate the coach from the occupation of unauthorized persons. As a matter of fact the police vacated the coach from unauthorized persons, but the complainant and his wife did not occupy the berth Nos. 7 and 8 and insisted the TTE in the coach to give in writing that nobody would enter in the coach till the train reaches Indore. THE TTE requested the complainant and his wife to occupy their berths as he was also travelling in the very same coach. Despite such a request, the complainant and his wife did not go into the train. The train was detained at Bhopal Station for an hour and five minutes for vacating the coach from unauthorized persons. All other reserved passengers except the complainant and his wife performed their journey. As per Rule 306 of Indian Railways Conference Association (IRCA), the opposite party is not liable to pay any compensation to the complainant. The complaint as such is liable to be dismissed. The Forum below after taking into consideration the materials placed on record, recorded a positive finding that there was deficiency in service on the part of the opposite party. Consequently the Forum below directed the opposite party to pay to the complainant a sum of Rs. 2,000/- towards compensation for the mental agony and anguish suffered by him and cost of Rs. 500/-. The Forum below also issued a direction that the award as passed by it has to be complied with within two months from the date of its order.

THE appellant/complainant resorted to the present action contending that the compensation as awarded by the Forum below is grossly inadequate and, therefore, the compensation so awarded has to be enhanced commensurate with the agony and torture the complainant/appellant and his beloved wife had undergone as a consequence of their not being accommodated in their reserved accommodation in the train.

THE respondent/opposite party did not at all prefer any appeal aggrieved by the order of the Forum below. Such being the case, it is not open for the respondent/opposite party to canvass the correctness or otherwise of the finding of the Forum below as respects deficiency in service on the part of the respondent/opposite party and on the costs awarded by the Forum below. In such a situation the only question that crops up for consideration in this action is as to whether the award of compensation made by the Forum below quantified in a sum of Rs. 2,000/- for the mental agony and anguish suffered by the complainant and his beloved wife for their being deprived of accommodation in the reserved compartment of the train in question is grossly inadequate requiring compensation to be enhanced and if so, at what level.

There is no denial of the fact that the complainant purchased confirmed tickets for himself and his beloved mistress in the train in question for their journey to Indore, that too, in an A.C. Coach sleeper. The fact that the complainant made reserved accommodation in the train in question, A.C. Coach sleeper is indicative of the fact that he wanted to travel in a cozy or comfortable way without any sort of inconvenience being caused during the course of journey. No doubt, the journey upto Bhopal was without any sort of a problem. The problem started only at Bhopal when the train Bhopal to Indore came to the platform at about 11.30 p.m., the complainant and his mistress and some other passengers like them were unable to get into the reserved coach for their comfortable journey to Indore. The complainant and his beloved wife were stranded on the platform and unable to perform their journey. They were exposed to agonizing cold. It cannot at all be stated that there is no material on record to point out that there was so much of agonizing cold at the relevant point of time. Admittedly the travel is during the third week of February of the relevant year namely 1997. The month of February in North India is a biting cold. Such aspect of the matter we can take judicial notice of and no evidence of such aspect of the matter is necessary. If the complainant and his mistress in rather a bid to protect themselves in the biting cold could have sought for accommodation in a well-equipped hotel, but they did not do. They opted to stay on the platform itself. That does not mean that the complainant is entitled to only a minimal compensation. What is to be taken into consideration to making the award of compensation, the torture, mental agony and anguish suffered by the complainant and his beloved wife when they were stranded on the platform especially during night in the biting winter cold of the season. In the process of awarding compensation, in such a situation, it is rather difficult to calculate it with arithmetic precision. There is always some elemental speculation. But nonetheless such speculative activity in fixing the quantum of compensation cannot at all be avoided.

GIVING due consideration to such aspect of the matter, we are of the view that the compensation awarded by the Forum below quantified in a sum of Rs. 2,000/- for the mental agony, torture and anguish suffered by the complainant and his beloved wife is grossly inadequate. We are further of the view that if the compensation so awarded is enhanced to Rs. 4,000/-, it wouldn''t be besides justice on the facts and in the circumstances of the case. We accordingly do so. We, however, make no order as to costs on the facts and in the circumstances of the case. The appeal is thus disposed of. We also, however, make it crystal clear that the award of the Forum below as respects the compensation as enhanced by us is required to be complied with within a month from the date of receipt of our order by the opposite party or otherwise the complainant would be at liberty to invoke the provision of Section 27 of the Consumer Protection Act, 1986 (for short, ''the Act''). Appeal disposed of.