NCDRC

NCDRC

RP/4584/2010

DIVISIONAL RAILWAY MANAGER (COMMERCIAL) & ORS. - Complainant(s)

Versus

DR. BHAGWAN SINGH & ANR. - Opp.Party(s)

MR. RAJESHWAR SINGH

07 Mar 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 4584 OF 2010
 
(Against the Order dated 22/06/2010 in Appeal No. 380/2010 of the State Commission Madhya Pradesh)
1. DIVISIONAL RAILWAY MANAGER (COMMERCIAL) & ORS.
Western Central Railway, Habibganj
Bhopal
Madhya Pradesh
2. STATION MASTER
Railway Station Guna
Guna
Madhya Pradesh
3. GENERAL MANAGER (WESTERN RAILWAY)
Church Gate
Mumbai
Maharashtra
4. DIVISIONAL RAILWAY MANAGER
Ratlam
Madhya Pradesh
...........Petitioner(s)
Versus 
1. DR. BHAGWAN SINGH & ANR.
Residents of Dubey Colony, Guna, Tehsil & Distt. Guna
Guna
Madhya Pradesh
2. SMT. ASHA KUSHWAHA, W/O. DR. BHAGWAN SINGH
Residents of Dubey Colony, Guna, Tehsil & Distt. Guna
Guna
Madhya Pradesh
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R.K. BATTA, PRESIDING MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Petitioner :MR. RAJESHWAR SINGH
For the Respondent :NEMO

Dated : 07 Mar 2011
ORDER

Heard Counsel for the Petitioner on condoantion of delay as also on merits for quite some time. There is a delay of 74 days in filing the revision and the explanation given in the application is that the delay occurred on account of administrative exigencies in the matter especially on the last days of the limitation period as the officers of the concerned litigation were busy with their official work due to which the delay has occurred. This can hardly be a sufficient ground for condoning delay. Accordingly, the application for condonation of delay is hereby dismissed. Even on merits, we do not find that any case has been made out for interference in the orders of fora below. The District Forum had awarded a sum of Rs.45,000/- with interest and costs. In appeal filed by the Petitioner, the same was reduced to Rs.25,000/- and the cost awarded by the Forum were maintained. The State Commission had very rightly rejected the submission put up on behalf of the Petitioner that it was a case covered under the untoward incident. The State Commission has held that the train was kept outside the station in dark and at that time, it appears, that restricted & unauthorized entry was not checked in the reserved compartment on account of which the theft in question took place. In our opinion, in the facts and circumstances of the case, no case has been made out for interference on merits of the matter. The revision is, accordingly, dismissed on delay in filing revision and also on merits as well with no order as to costs.

 
......................J
R.K. BATTA
PRESIDING MEMBER
......................
VINAY KUMAR
MEMBER

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