A.K. Annamalai, Presiding Judicial Member—The opposite party is the appellant.

2. The complainant booked a ticket for Erode in Yercaud Express Train No. 6669 for the journey on 23.9.2005 in second class A/c tier with the request for boarding at Arakonam junction and as per the scheduled departure time at 00.30 hours on 23.9.2005 when the complainant boarded the train the berth reserved for him was occupied by another stranger who refused to vacate and when the TTR approached he said that the ticket was wrongly issued and the complainant’s journey is only for 24.9.2005 and not on 23.9.2005. Apart from that, the TTR collected a sum of Rs. 1800 as penalty and issued excess fare ticket. So, the complainant, his wife and child were stranded in the train and got mental agony. Hence he filed a consumer complaint and prayed to refund of excess fare paid Rs. 1800 and to pay compensation of

Rs. 2,00,000 with costs.

3. After an inquiry the District Forum allowed the complaint directing the opposite party to refund the sum of Rs. 1800 and another sum of Rs. 20,000 as compensation and to Rs. 1000 as costs.

4. Aggrieved by the impugned order the appellant/opposite party in this appeal co