Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
(3) Anil Kumar Singh
Member
Date of Order : 27.07.2018
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to pay Rs. 75,000/- along with 18% interest which is the expected value of theft items.
- To direct the opposite parties to pay Rs. 50,000/- for mental agony.
- To direct the opposite parties to pay Rs. 25,000/- for physical harassment.
- To direct the opposite parties to pay Rs. 5,000/- as litigation cost.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has purchased a ticket at the Railway Reservation Counter of the Patna High Court on 17.05.2011. The aforesaid ticket was from Hajipur Jn. to Gorakhpur Jn. which belong to sleeper class. The aforesaid journey was to be undertaken by the complainant for the marriage ceremony of his daughter which was to take place on 21.05.2011 for which the complainant had withdrawn Rs. 1,76,000/- from the bank as will appear from annexure – 2.
It is further case of the complainant that the aforesaid train bearing no. 11123 when reached ahead of Bhatni Jn. then the complainant has noticed that one of the “attaichi” was missing. Thereafter the complainant wanted to enter the fact in the complaint book but the T.T.E. advised him to lodge FIR with GRP Gorakhpur. Then complainant did the same.
It has been further asserted by the complainant that in that “attaichi” Rs. 30,000/- was handcash and ornaments worth Rs. 25,000/-.
It has been further asserted by the complainant that when there was no information with regard to action taken by GRP on his FIR then he personally came to know about further action, but he was informed that no FIR has been lodged. When the complainant came to know that no FIR has been registered, then, he informed the Police Superintendent vide register dated 28.12.2011 and requested him to take action in this regard. The aforesaid letter has been annexed as annexure – 3.
On behalf of opposite party no. 2 a written statement has been filed denying the allegation of the complainant. In later part of Para – 5 of written statement the following fact have been asserted, “contrary, it is submitted that the passenger should take care of his own goods and regarding this the regular announcement is made at every railway station through public address system. It is wrong to say that the concerned T.T.E. did not give complaint book to the complainant as alleged neither the complainant has contacted him regarding his complaint. The statement of the concerned T.T.E. was recorded during enquiry by the opposite party which clearly corroborates that the allegation of the complainant is totally false and baseless. It is also important to note here that the complainant should have lodged FIR immediately either at Debariya GRP or at Gorakhpur GRP but he opted to file petition before S.P., GRP, Gorakhpur on 28.12.2011 after much belated stage of alleged occurrence that is to say after 7 months. This act of the complainant creates doubt against his version. It is also to be noticed that not even a single chit of paper like FIR, petition etc. has been filed concerned GRP at earlier occasion. So for statements made in Para – 4 and 5 of the petition under reply are concerned, they need no specific comments any may be deemed to be denied except the above.”
On behalf of complainant reply of the written statement of opposite party no. 2 has been filed repeating the same fact which he had stated in complaint petition. At the belated stage the complainant has filed the report of FIR no. 212 dated 19.01.2012 of the GRP Devariya. Thereafter this case was again placed for further hearing so that the opposite party may file appropriate reply of the same but despite several opportunity no one appeared on behalf of opposite party.
From bare perusal of report of FIR it appears that prayer has been made to close the F.I.R.
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The complainant has asserted that his “attaichi” has been stolen from the train on 17.05.2011 while he was travelling in reservation sleeper class of train no. 11123 from Hajipur Jn. to Gorakhpur Jn. The complainant was travelling from the aforesaid train is proved from annexure – 1.
From annexure – 1 it appears that in sleeper coach no. S5 four seat were reserved for travelling of complainant and his family being seat no. 25,26,27,28. From annexure – 1 and 3 it appears that complainant under took the journey on 21.05.2011 from Barauni Govaliar mail.
From bare perusal of final report it is crystal clear that investigating officer has not found the occurrence of theft true and as such he has prayed to close the FIR. T.T.E. has also denied the alleged occurrence. In nowhere in the complaint petition as well as in annexure – 3 it is stated that complainant has handed over any written application to T.T.E. about the occurrence. There is no any statement of co – passenger or coolie or any independent person who could prove the occurrence.
It goes without saying that it is duty of the complainant to prove his case because no finding could be based on presumption.
In view of the fact stated above it is crystal clear that there is no sufficient evidence to prove deficiency on the part of opposite parties.
For the discussion made above this complaint stands dismissed but without cost.
- Member Member(F) President
