Heard learned Counsel for the Petitioner. Learned Counsel argued that there is absolutely no negligence on the part of the Petitioner herein as immediately on receipt of the Complaint that some unauthorized persons had boarded into the apartment of the Complainant, the TT immediately sent the memo to -2- GRPF, i.e., Railway Police at Ambala on 23.11.2010 and took all steps within his capacity to check the entry of the unauthorized passengers and that the matter was informed to GRPF and they were evacuated at Ambala Railway Station. Both the Fora below have given a concurrent finding of deficiency of service on the part of the Petitioner. The State Commission in its impugned order dated 16.03.2017 observed as follows: Appellant has challenged the order stated that the respondents/complainants have filed complaint on 25.07.2011 i.e. almost one year after the issuance of legal notice and which is an afterthought for extortion of money from the appellant/OP. this arguments of the appellant/OP has no force as there is two years limitation period provided under the CP Act for filing the complaint and the complaint is filed within two years of cause of action having being arisen. Further the appellant/Opposite Party has denied any such incident happened with the respondents/complainants during their travel but Sh. Ajay Singh, HDTTE of railway has admitted in his affidavit that unreserved passengers, who boarded between Ludhiana and Ambala railway station were removed/taken down from the reserved coach with the help of GRP railway persons. Further admission is that the TTE was present in the coach and took prompt steps to get removed the unauthorized passengers from the coach. It is also mentioned by the appellant/OP in the appeal as well as written statement filed before the Ld. District Forum that in reply to the legal notice of Sh. Dev Kant who is respondent-1/Complainant-1 before the Ld. District Forum dated 23.10.2010 that unauthorized persons were removed from the reserved coach at Ambala Station and further memos were served to the concerned railway officials and GRPF. Thus on the basis of affidavit and the reply of the railway dated 23.10.2010 it is proved that unauthorized persons had entered into the reserved compartment of the train in which the complainants were travelling who boarded the coach of the complainants at Ambala station and thereafter they were de-boarded. It is the duty of the railway to allow only the authorized persons to travel in the train and the railway officials are duty bound to take care necessary steps to prevent the entry of such unauthorized persons into the reserved compartment which appellant failed to do so. All the unauthorized persons who boarded the train in a large number naturally caused discomfort, harassment and mental agony to the passengers who were travelling on a valid ticket to travel in the reserved coach and the railway officials failed to prevent the entry of unauthorized persons in the reserved coach that amounts deficiency in service on the part of railway and due to which the respondents/complainants suffered mental agony and harassment. -3- Having regard to the fact that the HDTT of the Railways has admitted in his Affidavit that unauthorized passengers boarded between Ludhiana and Ambala railway station together with the fact that the Complainants were subjected to lot of inconvenience as they could not even visit the washroom and experienced a lot of discomfort and mental agony despite traveling on valid tickets, and also keeping in view the reasonable quantum of compensation of ₹25,000/- and ₹5,000/-awarded towards mental agony and litigation costs, and concurrent finding of fact by both the Fora below, and our limited Revisional Jurisdiction, I do not see any grounds to interfere with the finding given by the Fora below. The Revision Petition stands dismissed, however, with the question of law regarding the entry of unauthorized passengers and the rules thereof being kept open for a better case. | 
