Mr. V. Verma, Member—The appeal is directed against the order dated 9.1.1992 passed by the District Forum, Shimla on complaint No. 157/91 filed by the present respondent.

1. 2.Dr. A.C. Mahajan, respondent/complainant purchased four 2nd Class Railway tickets for himself and his three family members for journey from Shimla to Amritsar on 25.1.1990 and applied for reservation of four berths in 2nd Class three-tier coach (i) From Kalka to Ambala Cantt. by Kalka Mail on 3.2.1990; and (ii) From Ambala Cantt. to Amritsar by Punjab Mail on 4.2.1990. Reservation as applied for, is not denied. Grouse of the respondent before the Forum below was that although he had confirmed reservation for journey from Ambala Cantt. to Amritsar against berth Nos. 9, 10, 19 and 20 is S-2 coach of 3005-Up and it was duly exhibited in the chart displayed at the entrance of the above coach, he was not allotted the berths, these having been occupied by some other passangers who claimed right thereto on the strength of purportedly allotment made by TTE. Thus deprived the respondent and his family members had to travel in great distress in the middle of the winter night huddled some-how on the lowest tiers. For the inconvenience so caused through negligence of the appellant and the consequent mental and physical torture and humiliation, he had claimed a compensation of Rs. 10,000/- respecting all the four passengers.

2. 3.The District Forum has come to the conclusion that there was deficiency in service and responsibility for negligence was that of the appellant Railway Administration which was burdened with compensation of Rs. 6,000/- payable to the respondent/ complainant @ Rs.1,500/- per passenger.

In appeal, the grounds that have been taken are stated hereunder that:—

(i) the judgment/order passed by the District Forum, Shimla was without jurisdiction as at the time of passing of this order, Forum was not properly constituted.

(ii) Rule 3.2 of the Time Table of Northern Railways was not correctly interpreted;

(iii) that the explanation of the appellant to the fact that the respondent/complainant himself was negligent in not contacting the TTE or conductor at the spot or in lodging proper protest/complaint soon after the termination of journey has been altogether ignored and

(iv) finally the amount awarded as compensation is disproportionate and highly excessive.

4. 4.We have gone through the impugned order and heard the learned Counsel for the appellant as also the respondent who appeared in person.

5. 5.Respecting lack of jurisdiction, our attention was drawn to the fact that the impugned order is signed by the President and only one Member and not by all the Members constituting the Forum as required under Sub-section 2 of Section 14 of the Consumer Protection Act, 1986. When apprised of the subsequent amendment of the original provision the learned Counsel for the appellant did not press this objection.

6. 6.Para 3.2 of the Time Table of the Northern Railway issued on 1.11.1989 was the main plank of argument put forth on behalf of the appellant. Therefore, we consider it worthwhile to reproduce it in extenso alongwith the preceding para 3.1, without which the true import is not possible to be appreci-ated:—

"3. RESERVATION OF BERTHS AND SEATS

3.1 3.1General Conditions:—The Railway Administration reserves seats, berths, compartments, or carriages in accordance with the rules and conditions published in accordance with the rules and conditions published in the Coaching Tariff. A passenger seeking reservation of berths or seats, should purchase the tickets from the railway reservation office/ railway booking agencies/authorised travel agencies only.

3.2 3.2The Railway Administration will endeavour to provide reserved accommodation referred to in this chapter, but it does not guarantee the same and will admit no claim for compensation for inconvenience, loss or extra expenses due to such accommodation (including carriages) not being provided or reserved carriag