Thiru Justice M.S. Janarthanam, President—This appeal is directed against the order dated 25.11.1996 in O.P. 960/94 on the file of the District Consumer Disputes Redressal Forum, Chennai (South).

2. The appellant is the opposite party while the respondents are the complainants.

3. The short facts leading to the filing of this appeal may in brevity be stated in order to understand the crux of the issue arising for consideration in this action.

4. The complainants are spouses. The 1st complainant is the wife of the 2nd complainant. The complainants along with some others went on a tour from Madras to New Delhi. The complainants and others boarded the Tamil Nadu Express on 9.6.1993 at 21.00 hrs., at Madras Central Station. The said train was scheduled to reach Delhi on 11.6.1993 at 6 a.m.

5. The complainants and others forming a tour group travelled in a II Class Compartment. The train reached Itarsi Railway Station on the night of 10.6.1993. The said train, after a brief halt, started moving from Itarsi Railway Station towards Bhopal. The time was then 8 p.m. At that time, the 1st complainant was seated inside S2 Coach at seat No. 1. When the train was slowly moving, it is said, 3 p