Before the District Consumer Disputes Redressal Forum, Rohtak. Complaint No. : 17. Instituted on : 09.01.2018. Decided on : 18.02.2019. Mrs. Soniya, age 27 years, wife of Sh. Rohit, R/o H.No. 922/9, Vishal Nagar, Rohtak-124001(Hry.). ………..Complainant. Vs. 1. General Manager, Northern Railways, Baroda House, New Delhi. 2. Public Relations Office, Northern Railway, NDCR Building, State Entry Road, New Delhi. 3. Incharge, South Central Railway, Rail Nilayam, Secunderabad, Telangana-500071. 4. Raj Kumar, Ticket Agent, Corporate Name Chinar Studio, 991/22, Near Ashoka Plaza, Rohtak-124001(Haryana). ……….Opposite parties. COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986. BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT. SMT. SAROJ BALA BOHRA, MEMBER. Present: Sh. Digvijay Jakhar, Advocate for the complainant. Sh. Hans Raj, Advocate for opposite parties No. 1 and 2. Opposite party No. 3 given up. Opposite party No. 4 already exparte. ORDER NAGENDER SINGH KADIAN, PRESIDENT: 1. Brief facts of the case are that complainant has booked 4 tickets for 10.10.2017 of Indian Railways in train namely 12715 Sachkhand Express, AC 2 Tier Sleeper (2A) Class, vide PNR No. 4436896988, Coach & Seat No. A1/25, A1/26, A1/27, A1/28 boarding from Manmad Junction to New Delhi Junction and paid total Rs.8,352.30/- to the OP No. 3 and also issued an accidental policy for E-Ticket passengers of IRCTC. It is alleged that OPs No. 1 and 2 also charged Rs.90/- in lieu of excess fare ticket illegally from the complainant. That the train took much more time as per its scheduled time. That the complainant was very much surprised to see the garbage lying under the seats of the train, toilets/washrooms were very dirty/unhygienic. The luggage toeing chain was also damaged and charging socket was also not working due to which the complainant was unable to use it. Outsiders were also entering the coach without having reservation and no security guard/official was present. It is further alleged that while travelling around 2 O’clock at night the complainant was very much surprised to see that her luggage was missing/stolen having Rs.30,000/- cash, one Vivo mobile phone, two Aadhar cards of complainant’s herself and Rohit, birth certificate of kids, clothes and some other valuable items and the complainant informed the same to the TC and other staff too and also filed complaint at GRP Control Agra and FIR dated 11.10.2017 regarding the above said incident. It is further alleged that the any receipt/bill of the meals was not provided. It is further alleged that the complainant has been harassed by all the respondents, by not providing the good services even after getting huge amounts. That the act of opposite parties is illegal and amounts to deficiency in service. As such it is prayed that opposite parties may kindly be directed to pay Rs.8,352.30/- on account of train reservation tickets, Rs.90/- for excess fare ticket and cash of Rs.30,000/-, cost of mobile phone Rs.18,000/-, cost of Bag Rs.3,950/-, clothing Rs.3,000/- alongwith meal payment of Rs.1,850/- alongwith interest at the rate of 12% per annum from the date of journey to till the date of final payment and Rs.25,000/- as compensation as well as Rs.5,100/- as litigation expenses as explained in the relief clause to the complainant. 2. After registration of complaint, notice was issued to the opposite parties. Opposite parties No. 1 and 2 in their reply has submitted that complainant purchased the ticket from IRCTC Ltd., so, he is not a consumer of Railway. It is submitted that on criminal issues railways do not have jurisdiction. It is further submitted that as per Section 100 of Indian Railway Act, the railway has no liability for un-booked items. In this case also neither the luggage items etc. was booked with the Railway nor any help was sought from the Railway for its safe carrying. It is also submitted that the complainant has completed her journey and as such deficiency in service cannot be claimed and railway do not charge full fare from the passengers but provide subsidy of about 40% of cost of ticket and prayed for dismissal of complaint qua the OPs No. 1 and 2. 3. Whereas OP No. 3 was given up by the learned counsel for the complainant being unnecessary on dated 16.02.2018. OP No. 1 & 4 failed to appear before the court, so, OP No. 1 & 4 was proceeded against exparte vide order dated 16.02.2018. However, OP No.1 appeared on 11.01.2019 and filed its written reply alongwith OP No.2 as recorded above. 4. Ld. counsel for the complainant in his evidence has tendered affidavit Ex.PW1/A, documents Ex.P1 to Ex.P11 and has closed his evidence on dated 28.05.2018. Ld. counsel for OP No. 2 in his evidence has tendered affidavit Ex.RW1/A and has closed his evidence on dated 12.10.2018. Ld. counsel for OP No. 1 made a statement that reply and affidavit filed on behalf of OP No. 2 be also read on behalf of OP No. 1. 5. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully. 6. After going through the file and hearing the parties it is observed that complainant alongwith her family members was travelling in train namely 12715 Sachkhand Express, AC 2 Tier Sleeper (2A) Class, vide PNR No. 4436896988, Coach & Seat No. A1/25, A1/26, A1/27, A1/28 and a theft had taken place in the train around 2 O’clock at night and the luggage of the complainant was stolen having Rs.30,000/- cash, one Vivo mobile phone, two Aadhar cards of complainant’s herself and Rohit, birth certificate of kids, clothes and some other valuable items and the complainant filed a complaint Ex.P8 to the OPs and also filed complaint at GRP Control Agra and lodged FIR vide Ex.P9 & Ex.P9A dated 11.10.2017 regarding the above said incident. On the other hand, except the affidavit Ex.RW1/A, opposite parties have not placed on record any document e.g. enquiry/investigation report etc. or any action taken by the OPs to contradict the alleged theft. Opposite party No.2 as per its reply and affidavit has submitted that that complainant purchased the ticket from IRCTC Ltd., so, he is not a consumer of Railway. It is contended that as per Section 100 of Indian Railway Act, the railway has no liability for un-booked items and has placed reliance upon the law of Hon’ble National Commission, New Delhi in 2010(4)CLT393 titled as V.B.Tyagi Vs. South Central Railway. 7. On the other hand, ld. counsel for the complainant has placed reliance upon the orders of Hon’ble National Commission, New Delhi in case titled as Station Superintendent, North Vs. Jasmin Mann decided on 15.12.2017, Hon’ble SCDRC at Hyderabad F.A. 1071/2006 titled as Smt. Sarita Jhawar Visakhapatanam Vs. Eco Railway and another, Hon’ble SCDRC Andhra Pradesh, Hyderabad, F.A.1211/2009 & 1234 of 2010 titled as South central Railway Vs. Suchi Singh & Others, Hon’ble SCDRC at Hyderabad Revision Petition No.1205 of 2000 titled as General manager Southern Vs. A. Shamim. Hon’ble Delhi State Commission has also held in a case that: “Railways has to ensure safety of not just the passengers, but also their belongings and any shortcoming or inadequacy or imperfection amounts to deficiency in serice and therefore it renders Railways liable to pay compensation as loss or injury including the mental injury suffered by him”. 8. In view of the aforesaid law placed on record by the complainant which are fully applicable on the facts and circumstances of the case, we come to the conclusion that the OPs are liable to pay the compensation to the complainant. On the other hand, law cited above by ld. counsel for the opposite parties is not fully applicable on the facts and circumstances of the case. For the purpose of assessment of loss, complainant has placed on record copy of bill of mobile phone as Ex.P10, copy of bill of bags as Ex.P11 and copy of FIR Ex.P9A whereby detail of loss has been mentioned. As such, present complaint is hereby allowed and opposite party No.1 to 3 are liable to compensate the complainant. In our view it would be suffice to pay a sum of Rs.30000/- for the loss of cash, Rs.18000/- for the cost of mobile phone, Rs.3950/- for the cost of bags, Rs.13000/- for the clothes and other items i.e. total Rs.64950/-(Rupees sixty four thousand nine hundred and fifty only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 09.01.2018 till its realization and also to pay Rs.15000/-(Rupees fifteen thousand only) as compensation on account of deficiency in service and Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant within one month from the date of decision. 9. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance. Announced in open court: 18.02.2019. ................................................ Nagender Singh Kadian, President ………………………………. Saroj Bala Bohra, Member. |
