General Manager, South Central Railway vs MAJOR P.M. RAVINDRAN

THE General Manager, South Central Railway, Railnilayam, Secunderabad being the opposite party preferred this appeal against the order dated 22.9.1997 passed by the Hyderabad District Forum directing him to pay a sum of Rs. 2,000/- towards compensation to the respondent herein who was the complainant before the District Forum and also directing the South Central Railway to treat the military special trains on par with the passenger trains in the matter of providing basic amenities whenever they are hired, to provide a responsible official to travel with the military special trains from the originating station to the destination and also to pay Rs. 1,000/- towards costs of me complainant i.e. the respondent herein. THE order under the appeal arose in the following circumstances.

THE respondent herein is a military officer. In the month of March, 1994 his Army Headquarters booked a special train VP-88 for transporting the troops, the vehicles and the equipment from Lalgarh Junction to Secundera- bad. Three coaches bearing Nos. SCR 5194, CR 4797 and NR 16299 were attached to the said train to accommodate all the military personnel including the complainant. THE Defence Department paid a sum of Rs. 2,61,360/- to the Indian Railways for transporting the military officers and the equipment. THE complainant and the other military personnel boarded the train at Lalgarh Junction and travelled for about seven days and reached Secunderabad Station about 36 hours behind the schedule. According to the complainant no basic amenities were provided to the coaches. No water was provided in the coaches. THE occupants were left without any water supply for more than 24 hours. THE fans and lights in the coaches did not work till the train reached Secunderabad. No arrangements were made for cleaning the coaches during the entire period of seven days journey. THE complainant and other officers gave written complaints to the Railway Authorities at Karari, Agasod, Hafizpeta and Secunderabad regarding the inconvenience suffered by them. THE complainant also gave a written complaint at Secunderabad on 12.3.1994. THE complainant suffered much hardship and inconvenience for want of basic amenities in the coach in which he travelled alongwith his colleagues. He, therefore, approached the District Forum, Hyderabad with a complaint which was numbered as C.D. No. 847/1994 requesting the District Forum to direct the appellant i.e. the General Manager, South Central Railway, Railnilayam, Secunderabad to pay a sum of Rs. 5,000/- towards compensation for mental agony and physical strain for want of basic amenities in the coaches and pass such other order or orders as may deem fit and proper in the circumstances of the case. The appellant/opposite party after receiving notice of the complaint from the District Forum filed a counter contending that the complainant has no locus-standi to file the complaint since the Ministry of Defence paid the charges for the journey of the complainant, that there was no agreement between the appellant and the complainant for rendering service, that the Northern Railway and the Central Railway are the necessary parties to the proceedings and that there is no deficiency in service on the part of appellant. The complainant filed his affidavit. The opposite party has not adduced any evidence.

After considering the merits of the case, the District Forum accepted the case of the complainant that the Railway Authorities have not provided the basic amenities to the coach in which the complainant travelled from Lalgarh to Secunderabad Station, that the complainant was suffered much inconvenience and hardship for want of basic amenities and that the complainant should be paid a compensation of Rs. 2,000/ and costs of Rs. 1,000/-. The District Forum also held that because the Defence Ministry paid for the journey of the complainant, the Railway Authorities are under obligation to provide the basic amenities in the coach in which the complainant travelled upto the Secunderabad inasmuch as me complainant is a beneficiary of the services to be rendered by the appellant. The District Forum held that the Northern Railway and the Central Railway are not necessary parties. Accordingly the District Forum passed the impugned order directing me appellant/opposite party to pay a sum of Rs. 2,000/- towards compensation and a sum of Rs. 1,000)/- towards costs and also issued general directions as mentioned above.

IN the appeal preferred by the opposite party it is firstly contended for the opposite party that the place of starting falls in the transportation of the Northern Railway and therefore, the District Forum at Hyderabad had no jurisdiction to entertain the complaint. We are not inclined to accept this contention since a part of cause of action arose at Secunderabad which is admittedly the destination. It is next con tended for the appellant that because the complainant has not paid for the journey, there is no privity of contract between the appellant and the complainant and that the complainant is not a consumer. We do not agree with this contention because the Ministry of Defence being the employer of the complainant has admittedly paid for the journey of the complainant and the complainant therefore being a beneficiary of the service to be rendered by the appellant is a consumer. It may be noted that the appellant has not denied the allegations made by the complainant that no basic amenities were provided in the coach in which he travelled from Lalgarh to Secunderabad. It is not the plea of the appellant that the necessary amenities were provided in the coach in which the complainant travelled upto Secunderabad.

IN the circumstances, we hold that the District Forum is right in accepting the case of the complainant that no basic amenities were provided in the coach in which the complainant travelled from Lalgarh to Secunderabad and that consequently he was subjected to much inconvenience and hardship. As far as quantum of compensation is concerned, we hold that the amount of Rs. 2,000/- awarded by the District Forum towards compensation to the complainant keeping in view the duration of journey made by the complainant and me mental agony suffered by the complainant for want of basic amenities during his journey period is not excessive. With regard to costs of Rs. 1,000/- awarded by the District Forum, we are not inclined to interfere with the same since it is a discretionary relief granted by the District Forum. Accordingly we hold that there are no good reasons to interfere with the order passed by the District Forum. IN the result, the appeal is dismissed. There shall be no order as to costs in this appeal. Appeal dismissed.