Order No. 19 / Dated 30/03/2016.
This is an application u/s.12 of the C.P. Act, 1986.
Complainant by filing this complaint has submitted that at about 9.40 a.m. complainant was robbed of some valuable articles which he was carrying for marriage ceremony of some of his relative, in front of the GRP & RPF of Howrah and the value of the said article was about Rs.9,145/- (Golden Chain), Rs.37,789/- (Gold Neckless), Rs.47,108/- (Gold Chain), Rs.9,063/-(Gold Ring) and Rs.34,900/- (Hallmark Gold chain) and the following items have been robbed from the possession of the complainant at about 9.40 a.m. in presence of RPF and GRPS and complainant lodge a complaint and GD dated 17-06-2012 being GD Entry No.1285 but fact remains on 17-06-2012 complainant sustained serious injury because of the robbery or dacoity made by miscreants and everything was robbed from the complainant’s possession after causing severe injury by the miscreants on 13-12-2013 Ld. CGM Howrah Court had summoned the complainant to depose before the Ld. Court. In fact, cause of negligence on the part of the Op to provide full proof passenger security complainant was caused to lose the valuable item, assaulted by miscreants and had also to sustain the great physical injury.
Peculiar fact is that OP has not arrested anyone, has not caused to return the valuable lost items and has not approached to compensate to the complainant for bodily injury though the complainant is a bona fide consumer and for such sort of act on the part of the OP complainant has filed this complaint for redressal.
On the other hand, OP by filing written statement submitted that the present complaint is not maintainable because complainant’s claim is covered by Section 13 of Railway Claims Tribunal Act, 1987 and payment of compensation out of untoward incident is covered u/s.124A of Railway Act, 1989 and the said act is a special act to enquire into and to determine the compensation covered u/s.124 of Railway Act, 1989. So, the present Forum has no jurisdiction.
It is specifically submitted that an offence of theft is being a criminal act and is punishable by Criminal Act and complainant has already lodged a case and so that matter shall be decided by the Criminal Court.
It is further submitted that the present case is hit and barred u/s.24 of the Railways Act, 1989 and further complainant’s bag was snatched from the complainant’s possession and it was not booked by the Railway and complainant was carrying his bag and it was snatched from his custody so he cannot claim any benefit for his own fault and for which OP cannot be liable for the alleged incidents.
It is specifically mentioned that complainant has no allegation that Railway Staff or Railway Guard joined hands with the three miscreants during snatching his bag while boarding the train.
Complainant has not disclosed the name and address of the relative, whose marriage ceremony he was going to attend. Further it is not explained for what reason complainant was carrying mark-sheet, Voter’s card and Madhyamik Certificate while he was to attend a marriage ceremony.
Moreover complainant submitted that the incident took place at about 9.40 a.m. on 17-06-2012 while complaint was lodged on Railway Police on 15-35 hours which is evident from the copy of the FIR submitted by the complainant.
It is further submitted that at 9.40 a.m. all the platforms of Howrah Station remained full of daily passengers, so, it is hard to believe that in presence of huge rush of passengers, the alleged untoward incident took place with the complainant and was assaulted. So, OP denied the entire allegations of the complaint and further the said offence was committed by three passengers, so the alleged incident is not a dacoity or robbery so it is not the negligence act on the part of the OP, so, the complaint should be dismissed.
Decision with Reasons
On careful consideration of the entire complaint and the written version and also considering particularly the queries made by the OP it is clear that complainant lodged complaint to O.C. GRPS, Howrah on 17-06-2012 and it was received by O.C. GRPS by GD Entry No.1285 dated 17-06-2012 and on the basis of the complaint FIR Howrah GRPS No.0107 dated 17-06-2012 was started u/s.379 of IPC and on the very date the complainant was examined by the Medical College and Hospital for sustaining such injury being assaulted by such miscreants who robbed him at Howrah Station. Injury report supports that fact that at the time of snatching the said article from the custody of the complainant contained valuable articles and other items. Complainant was severely assaulted by miscreants and in fact, after such assault not only he was examined on 17-06-2012 but thereafter, treatment was continued after 30-06-2012 which is evident from Medical College Treatment sheet. Thereafter, it is continued up to 03-07-2012 after that he was treated on 23-07-2012 and treated up to 07-08-2012 and considering the treatment sheet it is clear that complainant was severely assaulted by the miscreants at the time of snatching the bag from the custody of the complainant at Howrah Station Platform No.12. About that incident there is no denial on the part of the OP.
Most interesting factor is that in this case complainant submitted all documents, OP Railway Authority is well-aware of the entire incident then invariably investigated the matter for which they are silent about this. Only their Ld. Lawyer tried to argue before this Forum that at the relevant time thousands of passengers boarded and arrived at the station but no one saved him. But such an argument is on the part of the OP cannot be believable or reliable in view of the fact that the people at large are not here and there to protect the interest of the passengers at Railway Platform but for the protection of the public and to control the miscreants RPF and GRPS are there but about their performance Railway Authority is silent as if Railway Authority is there only to give the indulgence to the miscreants, robbers, dacoits, murderer to rob the passenger, to assault the passenger and for that purpose RPF and GRPS are there to support and to give aid to the miscreants and in the present case it is proved that this complainant is severely assaulted by miscreants and from his possession bag containing valuable article were snatched and regarding that there is no denial. Practically Ld. Lawyer for the Railway Authority who appeared before this Forum has no defence and in their hand there are some printed defence written at the time of vedic age which are being chanted by the Ld. Lawyer for which defence is always that this preset complaint is not maintainable in the eye of law in view of the fact Claim Tribunal is there and this offence is committed as per IPC so Criminal Court will decide and such sort of offence covered the provision of Railwasys Act so Railway Tribunal is deciding authority- this is the submission of vedic age when consumer forum was not there complaint was not here and there but we have failed to understand why the Railway Authority took such false plea that the complaint is not maintainable in this Forum. In fact Railway should be penalized for that and how the Ld. Lawyer may appears before this Forum to say that their vedic age chanting but in respect of that this Forum has already decided that all the defence of OP’s is baseless, illegal without any legal foundation and whatever it may be about theincident Railway Authority has not denied because their GRPS investigated the case and it is fact. No document is produced by the OP from their own police station or RPF and GRPS about that OP has denied the status of the passenger and his journey from Howrah Station to Raghunathbari by Medinipur Local and robbery or theft of article by miscreants. Truth is that complainant was severely assaulted by the miscreants on the platform of the Howrah Station on platform no.12 and he was robbed. Medical treatment sheet issued by the Medical College support that he was severely assaulted and for which continuously he was treated at Medical College and Hospital and that has also not been denied by the OP when that is the fact then it is clear that though in each platform there are RPF and GRPS invariably within Howrah Station platform and to safeguard the passenger but peculiar factor is that they are there to encourage the miscreants to rob and to flee away and for which deputed RPF and GRPS to save the interest of snatchers, black-marketers, rapist and others for which all these incidents are often committed within platform and train and peculiar factor is that about allegation, about robbing about snatching, about assaulting as made by the complainant is not denied. Then it is clear within secure place of Howrah Station of Railway passengers are unsafe only safety is given to the rapist, robbers, dacoits, black-marketers, murderer and all type of persons who are involved in such activities and considering the present fact it is found that Howrah Station is a safe place of black-marketers, rapist, murderer, robber, dacoit, thief, cheat and others and for their safety only the RPF and GRPS are deputed and they are spending huge money for maintaining the force of RPF and GRPS in the name of safety of passengers but to save the interest for miscreants. But Railway Authority can say when they shall have to depute the RPF and GRPS for protection of the passengers. We have failed to understand why the OP Authority submitted such a written argument having no legal point and in fact the laches, negligence and deficiency on the part of the Railway authority is well proved and truth is that complainant has filed all the cash memos which are kept in his house in support of purchasing articles on different times and truth is that complainant purchased those articles and if actually complainant had not been robbed then what was the necessity to file such a case, in addition to that complainant was severely assaulted which is proved. About that defence Ld. Lawyer only submitted written BNA but Ld. Lawyer failed to give any reasonable materials to disbelieve the case of complainant. From written version it is found that some hochpoch story is included and that is the common practice of the Railway Authority to submit some hochpoch story in written version having no foundation because Railway Authority knows that they have nothing to say about the theft, robbery, assault to the complainant.
Relying upon all the above facts and circumstances and materials we are convinced to hold that passengers are practically unsafe in the hands of the Railway Authority, their RPF and GRPS force and Railway Authority are running the train only for the purpose of earning money from the passengers and to continue the miscreant activities very properly for which they have deputed the force. When that is the fact then there is no necessity of deputing RPF and GRPS but Railway Authority to withdraw RPF and GRPS at once when passengers are being harassed by the Railway Authority always and considering the present fact it is clear that this passenger in presence of RPF and GRPS were robbed ad RPF and GRPS who are loitering on the platform are giving support to the snatcher, thief, cheat, black-marketers, robbers, rapist to complete their work and activities so that they smoothly operate their operations and in that case RPF and GRPS shall have to get booty in lieu of and that and that is their daily business which is proved from the present facts and circumstances. So, negligence, deficiency on the part of the OP is well proved.
Truth is that as passengers complainant did not get any protection rather he was assaulted, robbed which is proved beyond any manner of doubt. When that is the fact then invariably Railway Authority is deficient in rendering service and safety to the passengers to the complainant and for their laches of the OP and their force complainant was assaulted and sustained serious injuries and he had been treated from 17-06-2012 to 07-08-2012 at Medical College but different dates then it is clear that assault is very serious.
In the light of the above observation we are convinced to hold that for such sort of loss and such sort of suffering complainants is entitled to get compensation from the OP Railway Authority and invariably for the negligence and deficient manner of service and for not giving the proper safety to passengers the complainant was robbed and was assaulted by the miscreants no doubt the miscreants are served by the Railway Authority Force and considering the valuation of the item which was robbed and his severe assault complainant is entitled to Rs.1,50,000/- as compensation from the OP and further for getting no relief from the Railway Authority or any compensation complainant was compelled to file this complaint for redressal and no doubt for that purpose complainant is entitled to litigation cost also.
In the result, the case succeeds.
Hence,
Ordered
That the case be and the same is allowed on contest with a cost of Rs.10,000/- against OP Railway Authority.
OP Railway Authority is hereby directed to pay a sum of Rs.1,50,000/- as compensation to the complainant within one month from the date of this order failing which for harassing the complainant in any further period and for disobeyance of the Forum’s order OP shall have to pay penal damages at the rate of Rs.5,000/- per month till full satisfaction of the decree and if it is collected it is deposited to this Forum.
Even if it is found that OP is reluctant to comply the order in that case penal action u/s.25 read with Section 27 of the C.P. Act shall be started against them for which further penalty and fine shall be imposed.
