JUSTICE V.K. JAIN (ORAL)

The complainants/respondents reserved berths in Train No.14163 Sangam Express, in order to travel from Kanpur to Haridwar on 13.6.2011. However, the aforesaid berths despite having been reserved for them, were not made available to them from Kanpur to TDC station, despite their having requested the railway officials to make the said berths available to them. As a result, the complainants allegedly fell sick and had to incur expenditure of Rs.30,000/- on their treatment. The matter was also reported to the train guard in writing. Since the Railways declined to compensate them, they approached the concerned District Forum by way of a complaint.

2.      The complaint was resisted by the petitioners. It was admitted in the reply that the complainants had got reserved berths in Train No.14163 for travelling from Kanpur to Haridwar on 13.6.2011 and the reserved berths were not made available to them upto Tundla station. It was stated in the reply that since the participants of a kisan rally had occupied the berths reserved for the complainants, the said berths could not be made available to them till Tundla station.

3.      The District Forum vide its order dated 13.2.2013 directed the petitioners to pay compensation of Rs.2,000/- per person to the complainants along with compensation for mental distress quantified at Rs.1,000/- per person along with cost of litigation quantified at Rs.2,500/-.

4.      Being aggrieved from the order passed by the District Forum, the petitioners approached the concerned State Commission by way of an appeal. The said appeal having been dismissed by the State Commission, the petitioner is before us by way of this revision petition.

5.      As noted earlier the complainants had got berths in the train reserved for them before they reached railway station Kanpur. The berths having been reserved for them, for consideration, including the reservation charges, it was the duty of the petitioners to make the said berths available to them. If some unauthorized persons had occupied the berths reserved for the complainants, it was for the petitioners to evict those persons from the  reserved berths and make the said reserved berths available to the complainants. They having paid the prescribed reservation charges, the complainants were entitled to travel on the berths reserved for them. The petitioners were clearly deficient in rendering services to them by not making the said reserved berths available to them from Kanpur to Tundla. The passengers having suffered inconvenience and frustration on account of the berths reserved by them having not been made available to them, were entitled for suitable compensation.

6.      Since the petitioners were clearly negligent in rendering services to the complainants, the order directing payment of compensation does not call for interference in exercise of the revisional jurisdiction of this Commission. The revision petition is accordingly dismissed. No order as to costs.