Kerala

StateCommission

A/10/374

THE STATION MASTER,SOUTHERN RAILWAY - Complainant(s)

Versus

B.MOHAMMED - Opp.Party(s)

S.RENGANATHAN

28 Jul 2010

ORDER

First Appeal No. A/10/374
(Arisen out of Order Dated 28/05/2010 in Case No. cc192/2009 of District Malappuram)
1. THE STATION MASTER,SOUTHERN RAILWAYANGADIPURAMMALAPPURAMKERALA ...........Appellant(s)

Versus
1. B.MOHAMMEDPARADI,KOOTILANGADIMALAPPURAMKERALA ...........Respondent(s)

BEFORE :
HONARABLE MR. JUSTICE SHRI.K.R.UDAYABHANU PRESIDENT
PRESENT :

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ORDER

 

KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAD, THIRUVANANTHAPURAM

APPEAL 374/2010

JUDGMENT DATED: 28.7.2010

PRESENT

JUSTICE SRI.K.R.UDAYABHANU  : PRESIDENT

 

1. The Station Master,                                  : APPELLANTS

    Southern Railway,

    Angadippuram,

    Malappuram.

 

2. Railway Divisional Manager,

    Southern Railway, Palakkad.

 

3. Senior Divisional Commercial Manager,

    Southern Railway, Palakkad.

 

( By Adv.S.Renganathan  )

 

        Vs.

 

B.Mohammed,                                             : RESPONDENT

Balathodi House,

Paradi, Koottilangadi.P.O.,

Malappuram District.

JUDGMENT

 

JUSTICE SRI.K.R.UDAYABHANU  : PRESIDENT

 

 

          The appellants are the opposite parties/Railways in CC.192/2009 in the file of CDRF, Malappuram.  The appellants are under orders to pay a sum of Rs.4200/- towards monetary liability for the lost goods and Rs.6000/- as compensation and Rs.1000/- as cost

          2.The matter relates to  loss of luggage sent through the Railways.  The Forum has allowed the amount of Rs.4200/- as per the Section 103 of the Railway Act, 1989, wherein the liability is limited to the extent prescribed in Rule 3 of the Railway(Extent of Monetary Liability and Prescription of Percentage of Charges) Rules,1990.  The only dispute of the appellant is that the complainant had sought for only a sum of Rs.3000/- as compensation for mental and physical hardship.  The Forum has allowed a sum of Rs.6000/-. 

          The appellant has shown the copy of the complaint filed.  In the circumstances the order of the Forum is modified as follows.  The opposite party/appellant shall be liable to pay Rs.4200/- towards monetary liability and Rs.3000/- as compensation for mental agony and hardships and Rs.1000/- as cost to the proceedings.  The amounts are to be paid within 2 months from the date of receipt of the copy of this order failing which the appellant is entitled for  interest at 12% from today

          The appeal is disposed of as above.

          Office will forward the copy of this order to the Forum urgently.

 

 

          JUSTICE SRI.K.R.UDAYABHANU  : PRESIDENT

 

ps

 

 

 

 

PRONOUNCED :
Dated : 28 July 2010

[HONARABLE MR. JUSTICE SHRI.K.R.UDAYABHANU]PRESIDENT