The complainant/respondent booked two lower berths for self and wife in three tier boggy for journey on 10.12.2007.  However, on the date of journey, the coach in which the reservation was made, was changed with different coach and berth numbers given to the complainant were not of lower berths in the changed coach.  It was

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alleged in the complaint that his wife had suffered fracture and spondylitis and had he been informed in advance that the berths have been changed, he would have cancelled the journey; that his wife had to face a lot of problems during the journey and had to take treatment after the journey.  That lower berths were available but the T.T. refused to allot them.  Attributing deficiency in service on part of the petitioner, respondent filed a complaint before the District Forum seeking compensation of Rs.1 Lac.

District Forum allowed the complaint and directed the petitioner to pay a sum of Rs.20,000/- as compensation.  Rs.500/- were awarded as costs.

Not satisfied with the order passed by the District Forum, petitioner filed an appeal before the State Commission which has been dismissed by the impugned order.

We agree with the view taken by the fora below.  The only plea taken before the fora below was that on account of addition of eight berths in the three tier boggy the number of berths were changed and since the respondent has completed his journey, he was not entitled to any compensation.  The respondent had specifically asked for

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booking of lower berths and they were allotted the same.  Even after addition of 8 berths in the three tier boggy, the respondent could have been allotted the lower berths instead of side upper berths which were alloted.  The petitioner was certainly deficient in service.  Dismissed.  No costs.