Union of India vs ASHISH KAPOOR

-THE appellant has preferred the present appeal assailing the order dated 15.1.1999 passed by District Forum whereby the appellant-Northern Railway was directed to pay Rs. 2,000/- as compensation towards mental agony and harassment the respondent suffered by travelling in ordinary coach whereas he had confirmed reserved seat.

ADMITTEDLY, the appellant failed to provide confirmed reserved seats in the coach whereby the respondent and his family members travelled from Delhi to Jalpaiguri in a coach where only seats were provided. It is however, contended by Counsel for the appellant that reserved sleeper coach could not be attached with the train due to its non-availability on account of some technical defects and explained the circumstances which were beyond the control of the Railways. At the same time the Counsel had contended that the Northern Railways sued by the respondent was not responsible for the primary maintenance of this rake as the bogie in question came short from Not hern Frontier Railway due to some technical defects and since neither Northern Frontier Railways nor UOI has been arrayed as parties, the complaint of the respondent was defective and not maintainable.

In our view none of the contentions has any substance. It is none of the concern of a consumer who in this case is a passager who had paid for the confirmed reserved seat as to what were the reasons for non-availability of the coach unless such reasons are beyond human control. Any technical defect or snag itself speaks of the inefficiency of the Deptt. and non-availability of the reserved coach amounts to deficiency in service. These are not the circumstances which are beyond human control nor such acts of nature over which human beings have no control.

AS regards the liability of NR Railways there is no substance as the train belonged to Northern Railways and started from the place over which NR has the jurisdiction. To make the availability of bogie in question by the NF Railways was internal and administrative arrangement between the Northern Railways and NF Railways. For any kind of lapse of any of the Railways, consumer is not concerned. The primary liability was of the Northern Railways i.e., the appellant. In view of the foregoing reasons we do not find any merit in the appeal and dismiss the same. A copy of this order, as per the statutory requirements, be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to Record Room. Appeal dismissed.