ORDER

Date of order:     09 -08-2017

Upendra Jha, Member       

                   1. This appeal is directed against the order dated 31-03-2016 passed by the District Consumer Forum, Patna in Complaint Case No. 54 of 2014 by which the appellant is directed to pay the respondent Rs. 50,000/- as compensation within three months otherwise 12% interest will be payable

 2.               Brief facts of this case is that the complainant boarded A.C-2 Birth in Sampurna Kranti Express from Patna to New Dehli on 06-01-2014. During journey at 1-2 A.M the complainant noticed some cockroaches moving on his pillow and bed sheet. He informed the Railway Staff but nothing could be done. He was going to New Dehli for Medical checkup. He filed a complaint as he could not sleep whole night resulting High Blood Pressure and related problem. He could not meet the Doctor in Dehli and returned Patna by flight. The O.P.-railway, contested the Complaint Case. The District Forum passed impugned order against which this appeal is preferred.

3. Written statement as well as written notes of arguments have been filed by the appellant. Counsel for the respondent appeared. Heard the parties.

4. The District Forum holding deficiency in service on the part of the O.P.-appellant-Railway for not providing facilities even in 2 A.C. has passed the order and directed the Railway to compensation of Rs. 50,000/-.

5. The Counsel for the appellant-Railway submits that Cockroaches rarely remain in Coach after pest control work which was done on 29-12-2013 before eight days of the said allegation. The railway has imposed a fine of Rs. 1,000/- on the contractor. The appellant-O.P. has already denied such allegation of the complainant in written statement. The complainant is a retired D.S.P. The District Forum has not considered the points raised by the O.P.-Railway. Hence, the District Forum order be set aside and the appeal be allowed.

6. Having considered the grounds of appeal, submission of the appellant and on perusal of the order passed by the District Forum, it appears that the District Forum has considered the matter in right perspective. The complainant was a bonafide Railway passenger having 2 A.C. Ticket in Sampurna Kranti Express. He had to suffer much and he could not sleep whole night due to cockroaches running on bed and pillow. In complaint, the Railway Staff did nothing to Senior Citizen (Reted D.S.P which resulted a serious illness to the complainant. District Forum order seems proper and justified. However, the amount of compensation seems higher. It is reduced to Rs. 5,000/- instead of Rs. 50,000/- with this modification, the District Forum order is affirmed and the appeal is dismissed.

       S.K.Sinha                                                              Upendra Jha                                                                      

       President                                                                Member (M)                                                                                              

           Anita