CHIEF COMMERCIAL MANAGER, EASTERN RAILWAY, CALCUTTA Vs. RAMESH CHANDRA MISHRA

JUDGEMENT

(1.) BY impugned order dated 17.1.2000, District Consumer Disputes Redressal Forum, Deoghar directed the appellant to pay a sum of Rs. 10,000.00 as compensation to the complainant -respondent.

(2.) THE complainant had booked two sleeper berths for 13.11.1997 in Patliputra Express and was allotted berths 33 and 34 in Coach No. S -2 for train journey from Jasidih Railway Station to Ranchi along with his mentally sick son for treatment there. He was given appointment by the concerned doctor at Ranchi on 14.11.1997. When he came to Jasidih Railway Station to board the train, he was told that due to some mechanical defect, the coach wherein his two berths were reserved could not be attached with the train. He, therefore, could not undertake the journey on the scheduled date and missed doctor's appointment and was debarred from getting treatment of his son at Ranchi. This deficiency on the part of Railways caused mental agony to him and he, therefore, calimed Rs. 50,000.00 by way of compensation from Railways.

(3.) THE Railway contested the complaint. According to their written statement and evidence brought on record, on 13.11.1997 the sleeper coach No. 2, wherein complainant's two berths were reserved became mechanically sick and could not be attached in 8621 Down, Patliputra Express. It was detached from the composition of the said train and the shortfall could not be substituted by augmentation of another suitable coach, as the same could not be made available. As such, lalches or deficiency in service on the part of Railways could not be attributed, in such circumstance. The complainant applied for and then and there the entire amount/booking charges of the reservation ticket was refunded to him without any deduction.