BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.

Dated this the 19^th day of January 2016

Filed on : 22/08/2015

PRESENT:

Shri. Cherian K. Kuriakose, President.

Shri. Sheen Jose, Member.

Smt. Beena Kumari V.K. Member.

CC.No. 567/2015

Between

M.M.Basheer, : Complainant

Mangarathu house, (By Adv. Tom Joseph, Court Road,

Pezhakkapilly P.O., Muvattupuzha)

Muvattupuzha.

And

1. Chief Claims Manager, : Opposite parties

Commercial Branch, (absent)

Claims Office,

Southern Railway, 5^th floor,

Moore Market complex,

Chennai-600 003.

2. Station Master,

Aluva Railway Station,

Aluva.

O R D E R

Sheen Jose, Member

The case of the complainant is as follows:

The complainant is engaged in the business of sale of clothes in the street for earning his livelihood by means of self employment. He purchased cloth weighing 103 kgs. worth Rs. 60,000/- from whole sale shop situated at Eroode. The complainant entrusted the luggage containing the clothes with the Eroode Railway Station on 18-05-2015 for sending it to Aluva. The complainant approached the Aluva Railway Station to collect the luggage on 20-05-2015. But he was shocked to find that one baggage containing minor items was only arrived there. The other baggage containing majority items were missing. The 2^nd opposite party had given a memo showing the missing of the luggage. The matter was brought to the notice of the opposite parties, though the 1^st opposite party had given an acknowledgment letter dated 29-05-2015. Nothing was done by them trace out the missing baggage or to compensate to the complainant inspired of the fact that the complainant had submitted the cash bill showing the purchase. The complainant being a petty trader engaged in selling clothes in the road side has lost his livelihood due to the loss of the luggage. He had procured the money for purchasing clothes by availing a loan from a money lender. The complainant suffered loss to the tune of Rs.60,000/- due to the missing of the baggage containing cloths. He had spent huge amount for travelling up to Erode for purchasing the clothes. He suffered loss of profit to the tune of Rs. 20,000/- due to the loss of the luggage. The opposite parties were duty bound to provide adequate protection for the items entrusted with them for transporting. Had they been taken due care and caution the loss of luggage could have been averted. The omission on their part to provide adequate protection to the luggage entrusted with them amounts to deficiency in service on the part of the opposite parties. Thus the complainant is before us seeking a direction against the opposite parties to pay an amount of Rs.80,000/- towards the loss suffered by him due to the loss of the luggage. He is also seeking a direction against the opposite parties to pay Rs. 10,000/- towards compensation and costs of the proceedings. Hence this complaint.

1. Despite service of notice from this Forum the opposite parties opted not to contest the matter for their own reasons. Ex-parte proof affidavit has been filed by the complainant and Exbts. A1 to A4 were marked on his side. Heard the counsel for the complainant.

2. Issues came up for consideration are as follows:

1. Whether the complainant is entitled to get Rs. 80,000/- from the opposite parties towards the loss suffered by the complainant due to the loss of the luggage?

2. Whether the opposite parties are liable to pay compensation and costs of the proceedings to the complainant?

3. Issue No. I. and II The complainant is doing petty business of selling of clothes in the street for earning his livelihood by means of self employment. According to the complainant he had purchased 103 k.gs. of clothes worth Rs. 60,000/- from whole sale shop situated at Erode. He had entrusted the same with the office of the Erode Railway Station on 18-05-2015 for sending to Aluva. On 23-05-2015 he had approached to the Aluva Railway Station to collect the luggage. At that time, he was shocked to understand that one of the luggages which was containing majority items was missing. Exbt. A1 receipt goes to show that the complainant had entrusted 2 luggage to opposite party for transporting from Erode to Aluva on 18-05-2015. Exbt. A2 letter goes to show that the complainant had filed a complaint before the Chief Claims Officer, Southern Railway, Chennai on 23-05-2015 stating that he had entrusted two luggage containing cloths weighting 103 kgs. worth Rs. 60,000/- with Erode Railway Station on 18-05-2015 that the complainant had approached Aluva Railway Station on 20-05 -2015 for collecting the same, that he found one luggages containing major items was missing. He claimed compensation for the loss suffered by loss of luggage. Exbt. A3 goes to show that the complainant had filed a complaint before the senior divisional Commercial Manager, Sourthern Railwaly Trivandrum Division, Thycaud P.O., Trivandrum. The contention of the complaint was the very same as in Exbt. A2. Exbt. A4 (1) and A4 (2) receipts both dated 18-05-2015 goes to show that the complainant had purchased clothes from Selvam Khadi, Kumarapuram Nagar, Pallipalayam Erode for an amount of Rs. 35,200/- and Suresh Traders, Pallippalayam Erode for an amount of Rs. 10,530/- respectively. Exbt. A5 Acknowledgement letter of the A2 complaint issued by Southern Railway, Chennai Central. As per the Exbt. A5 claim amount was Rs. 6,000/-. Also they issued claim No. 1061500090 to the complainant.

4. Admittedly the complainant had purchased bundles of clothes for street vending for his livelihood. He had entrusted the same with Erode office of the railway for transporting it to Aluva on 18-05-2015. He had approached the Aluva Railway Station for collecting the same on 20-05-2015, he realized that one of the luggages, which was containing majority items was missing. Immediately he had contacted with the concerned officer for getting back the missing luggage. Unfortunately they could not find out the same. Within days he had filed written complaints before Senior Divisional officers of the Southern Railway (Exbt. A2 and A3) He had served acknowledgement letter by railway (Exbt. A5). It is to be noted that from the side of the railway authorities, they had not taken any effort to find out the missing luggage. The complainant is hard working in street by selling clothes for earning bread and butter for himself and his family. The Higher officials of the Railway, had not considered the genuine grievances of the complainant. According to the complaint and perusal of evidence we could understand that the complainant had been running from pillar to post to get his grievances redressd. Unfortunately, all the prayers fell on deaf ears for reasons not stated or explained. The railway authorities had not take any fruitful steps to redress the genuine complaint of the complainant. The above act of the opposite party is not only unfair trade practice but also deficiency in service. Definitely the opposite party is liable to be compensated for the loss suffered by the complainant, due to the negligence on their part. In this case, we estimated an amount of Rs. 40,000/- as compensation for the loss suffered by the complainant due to the deficiency in service on the part of the opposite parties. The complainant had suffered a lot of mental agony and hardships due to the careless attitude of the opposite partyies. Finally he had knocked at the doors of this Forum to redress his grievances by spending his valuable time and hard earned money which is called for award of costs of the proceedings we estimate Rs. 5,000/- towards costs of the proceedings.

5. In the result, we partly allow the complaint and direct as follows:

1. The opposite parties 1and 2 are also liable to pay an amount of Rs. 40,000/- towards compensation to the complainant jointly and severally for the mental agony and loss suffered by him due to the negligence on the part of the opposite parties.

2. The opposite parties 1, and 2 shall also jointly and severally pay Rs. 5,000/- towards costs of the proceedings to the complainant .

The above said order shall be complied with, within a period of one month from the date of receipt of a copy of this order

Pronounced in the open Forum on this the 19^th day of January 2016

Sd/-

Sheen Jose, Member.

Sd/-

Cherian K. Kuriakose, President.

Sd/-

Beena Kumari V.K., Member.

Forwarded/By Order,

Senior Superintendent.

APPENDIX

Complainants Exhibits

Exbt. A1 : Copy of vehicle removal memo.

Receipt dt. 20-05-2013

A(1) : Copy of e-mail dt. 29-05-2015

A2 : Copy of letter dt. 23-05-2015

A3 : Copy of letter dt. 08-06-2014

A4(1) : Copy of cash credit bill dt. 18-05-2015

A4(2) : Copy of bill dt. 18-05-2015

A5 : Copy of letter dt. 29-05-2016

Opposite party's Exhibits:

Copy of order despatched on :

By Post : By Hand: