Respondent is not present despite service. Ordered to be proceeded ex parte. Petitioner was the opposite party before the District Forum. Facts of the case are that the respondent/complainant along with others booked sleeper class tickets of Mussoorie Express to travel from Delhi to Haridwar on 11.6.1997 and boarded the same at 2220 hrs. When the train reached Ghaziabad at about 2320 hrs., a big mob barged into the bogy preventing the complainant and others from making unhindered and comfortable journey. They shouted slogans of “Jai Kisan ann data”, etc. thereby disturbing the sleep of the occupants. No TTE or conductor was on duty in violation of the directions issued by the Ministry of Railways and the complainant and others were deprived of the comfortable, convenient and safe travel in reserved compartment. Alleging deficiency in service on the part of the petitioner, respondent filed complaint before the District Forum to pay Rs.5,000/- as compensation to each of the complainants. District Forum dismissed the complaint, aggrieved against which the respondent filed appeal before the State Commission. State Commission allowed the appeal and directed the petitioner to pay a compensation of Rs.25,000/- towards mental agony, harassment and trauma suffered by the complainants besides Rs.5,000/- as costs of litigation. Counsel for the petitioner does not contest the finding recorded by the State Commission on merits but restricts his submission only to the point that respondent could not be granted compensation of more than what he had asked for in the complaint. In his complaint, the respondent had asked for a compensation of Rs.5,000/- only, whereas the State Commission has awarded a compensation of Rs.25,000/-. We agree with the submission made by the counsel for the petitioner that the State Commission could not award a compensation of Rs.25,000/- as the respondent himself had restricted his claim to Rs.5,000/-. Revision Petition is allowed in part. Compensation awarded is reduced to Rs.5,000/- from Rs.25,000/-. Rest of the order of the State Commission is upheld. No order as to costs. |