ORAL     

 STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                              UTTAR PRADESH, LUCKNOW

                                 APPEAL NO. 1330 OF 2022

      (Against the judgment/order dated 05-08-2022 in Complaint Case No.447/2015 of the District Consumer Commission, Gorakhpur)

Union of India

Through General Manager

North Eastern Railway

Gorakhpur

                                                                     ... Appellant

                                            V/s

01.Adnan Haseeb

S/o Shree Kazi Hasibul Hasan

02.Smt. Sufiya Khatoon

W/o Shree Qazi Hasibul Hasan

R/o Mohalla Beniganj

In front of Eidgah

Police Station Gorakhpur

                                                                         ...Respondents

BEFORE:

HON'BLE MR. JUSTICE ASHOK KUMAR, PRESIDENT

HON’BLE MR. RAJENDRA SINGH, MEMBER

HON’BLE MR. SUSHIL KUMAR, MEMBER.

For the Appellant                :  Smt. Sandhya Dubey, Advocate.

For the Respondent             :                

Dated :  31-05-2023

                                     JUDGMENT

          MR. JUSTICE ASHOK KUMAR, PRESIDENT

The instant appeal has been filed by Union of India, through General Manager, North Eastern Railway, Gorakhpur under Section-41 of the Consumer Protection Act, 2019 against the judgment and order dated 05-08-2022 passed by the District Consumer Commission, Gorakhpur in Complaint Case No. 447/2015, Adnan Haseeb and another V/s Union of India, through General Manager, North Eastern Railway, Gorakhpur.

          Brief facts of the case are that the complainant was travelling in Train No. 19601 with his mother from Ajmer to Gorakhpur on 08-08-2015. Both were allotted berth Nos. 67 and 69 in Coach No.S-3. It has been stated by the

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complainant in his complaint that at the time of journey when his mother awakened from sleep she found that her purse is missing and it had been stolen by some thieves. The complainant lost the valuables kept by his mother in the purse. The complainant has informed of this fact to the TTE.

          It is alleged by the complainant in his complaint that at the time of journey there was no G.R.P police in the coach. It is further alleged by the complainant that it is the duty of the TTE to ensure that unauthorized person should not be allowed to enter into the reserved coach. The complainant lodged F.I.R. in G.R.P. Thana Gorakhpur on 09-08-2015.

          It has been further alleged by the complainant in his complaint that he visited several times at G.R.P./Gonda to know the outcome of the investigation. The complainant was informed that investigation is going on and he will be informed very soon about the progress of investigation but till date no information has been given.

          The complainant being aggrieved with the acts of the opposite party filed the complaint before the District Consumer Commission, Gorakhpur and has prayed for the following reliefs:-

''(1)- यह कि परिवादीगण को विपक्षी रेलवे विभाग से परिवाद में वर्णित सामानों एवं नकदी जो पर्स (हैण्‍डबैग) में थे, चोरी हो गये व शारीरिक, मानसिक व आर्थिक कष्‍ट के लिए व परिवाद का खर्चा व आने-जाने का खर्चा जुमला रकम मुबलिग 96,500/-रूपया की क्षतिपूर्ति परिवादीगण को विपक्षी रेलवे से दिलायी जाय।

(2)- यह कि उपरोक्‍त याचित किये गये अनुतोष के अतिरिक्‍त अन्‍य कोई अनुतोष भी माननीय उपभोक्‍ता विवाद प्रतितोष फोरम की नजर में पाया जाये तो ये अनुतोष भी परिवादीगण को दिलाया जाय।''

The learned District Consumer Commission after perusing the materials available on record and considering the evidence of the parties and after considering the arguments raised by the learned Counsel for the parties it came to the conclusion that the claim of the complainant is genuine and correct and the opposite party has failed to discharge its duties, therefore there was deficiency in service by the opposite party.

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In view of the aforesaid reasons recorded by the District Consumer

 Commission the following order has been passed by the learned District Consumer Commission which reads as follows:-

''उपर्युक्‍त विवेचना के आधार पर विपक्षी को आदेश दिया जाता है कि वह निर्णय व आदेश के दिनांक से दो माह की अवधि के अन्‍दर परिवादीगण के रेल यात्रा के दौरान चोरी के सम्‍बन्‍ध में हुई क्षति के प्रतिकर के रूप में 45000.00 रू0 (पैंतालीस हजार रू0 मात्र) का भुगतान वाद दायर करने की तिथि दि0 22.12.15 से 06 प्रतिशत वार्षिक ब्‍याज के साथ भुगतान करे। चूक होने पर यह राशि 08 प्रतिशत ब्‍याज की दर से वसूल होगी। शारीरिक एवं मानसिक क्षति के रूप में 20000.00 रू0 (बीस हजार रू0 मात्र) तथा वाद व्‍यय के लिये 5000.00 रू0 (पॉंच हजार रू0 मात्र) भी विपक्षी परिवादीगण को नियत अवधि में भुगतान करें।''

Being aggrieved with the impugned judgment and order the opposite party Union of India, North Eastern Railway, Gorakhpur has come up in appeal.

We have heard Smt. Sandhya Dubey, learned Counsel for the appellant at the admission stage and perused the record.

          The appeal has been filed with delay condonation application.  Appellant has shown sufficient reasons for the delay in filing the appeal. Cause shown for delay is explained, therefore, the delay in filing the appeal is condoned.

Having heard the learned Counsel for the appellant and after going through the material and evidence available on record as well as after perusal of the contents mentioned in the plaint/complaint and after perusal of the impugned order passed by the learned District Consumer Commission, who has taken all care in mentioning the issues in detail and in deciding the same, we are of the considered opinion that there was no error in the impugned order of the learned District Consumer Commission, therefore, the order passed by the learned District Consumer Commission is fully justified and is correct and as such is liable to be upheld with slight modification that compensation awarded by the District Consumer Commission is little higher, therefore, in our opinion the same

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 should be reduced from Rs.20,000/- to Rs.10,000/- as well as the cost awarded should also be reduced from Rs.5,000/- to Rs.2,000/-. To that extent the order of the District Consumer Commission, Gorakhpur is modified/amended accordingly.

                                     ORDER

Accordingly the appeal is partly allowed. The judgment and order of the learned District Consumer Commission, Gorakhpur is modified to that extent that the compensation awarded by District Consumer Commission, Gorakhpur is reduced from Rs.20,000/- to Rs.10,000/- as well as the cost is reduced from Rs.5,000/- to Rs.2,000/-. Rest part of the impugned judgment and order passed by the District Consumer Commission will remain unchanged. The appellant is directed to comply with the order within a period of six weeks from today.

Rs.25,000/- deposited by the appellant under Section-15/41 of the Consumer Protection Act 1986/2019 in this appeal shall be remitted to the District Consumer Commission, Gorakhpur alongwith interest accrued if any, who shall pass appropriate order in accordance with law.

Let copy of this order be made available to the parties as per rules.

The Stenographer is requested to upload this order on the website of this Commission today itself.

  (JUSTICE ASHOK KUMAR)  (RAJENDRA SINGH) (SUSHIL KUMAR)

     PRESIDENT                           MEMBER                 MEMBER

          Pnt.