IN THE STATE COMMISSION : DELHI

(Constituted under Section 9 of the Consumer Protection Act, 1986)

                       Date of Decision:   27.10.2014

First Appeal No. - 02/2014

(Arising from the order dated 27.11.2013 passed by District Forum-VI, New Delhi in Complaint Case No. 893/2013)

1. We have heard Shri Shakil Akhtar, Counsel for the Appellant.
2. In brief, the case of the Appellant/Complainant is that he was travelling with his wife in Delhi Metro on 02.11.2012 from Adarsh Nagar, Delhi to Anand Vihar, Delhi.  He got down at Rajiv Chowk Metro Station to catch another train.  Jewellery from the purse of his wife, Smt. Amrita Singh was found missing.  The husband filed the complaint in the District Forum complaining that there was a ‘deficiency in service’ of DMRC.  Contention of the Appellant for that it was the duty of the DMRC to provide security to the property of the passengers.
3. Ld. District Forum dismissed the complaint on the grounds that the complainant did not complain in respect of any ‘service’.  The complaint even did not touch any aspect of service directly or indirectly.  Complaint was also dismissed on the grounds that the complaint was filed by the husband whereas the alleged victim of the theft was the wife.  Matter relating to theft is still under investigation.  CCTV footage was given to Metro Police by the DMRC.  In the absence of any finding to the effect that the jewellery as alleged was stolen, the question of ‘deficiency in service’ could be gone into.  The CCTV footage given to the Metro Police also did not show any theft having taken place.  We are, therefore, of the considered opinion that the complaint is not maintainable.  Appeal thus is not maintainable.  The same is dismissed.
4. FDR/Bank Guarantee, if any, furnished by the appellant be returned forthwith after completion of due formalities.

1. A copy of this order as per the statutory requirements be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to Record Room.