Delhi

New Delhi

CC/653/2013

URMILA CHANDHA - Complainant(s)

Versus

M/S.INDIAN RAILWAYS - Opp.Party(s)

02 Mar 2015

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR,

VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110002.

 

 

Case No.C.C./653 /13                                                                                                                                                                             Dated:

In the matter of:

1.     SMT. URMILA CHADHA,

W/O SUSHIL KUMAR CHADHA

 

2.     SUSHIL KUMAR CHADHA

S/O LATE SH. R L CHADHA

 

BOTH R/O 3-D APARTMENT NO.5  

UNDER HILL LANDE, CIVIL LINES

DELHI-110054.                

……..COMPLAINANT

 

VERSUS

 

INDIAN RAILWAYS WITH ITS REGD. OFFICE

RAIL BHAWAN, NORTHERN CENTRNTRAL SECTT. OPP. KRISHI BHAAN, DELHI

.... OPPOSITE PARTY

 

ORDER

Member:  RITU GARODIA

        The brief facts of the case are that the complainant was travelling from Bangalore to Hazrat Nizamuddin station,   N.Delhi by Train No.12649 on 18.11.2012.  The complainant went to rest room on intervening night between 19.11.2012 and 20.11.12 and on coming back found that her hand bag containing valuables were missing.  The complainant lodged the FIR in Jhansi with the help of Railway Staff Mr. V K Sharma; the FIR form is attached along with the complainant.   The complainant after returning back to Delhi again lodged FIR on 23.11.2012 in police station Hazrat Nizamuddin.  The copy of the 2^nd FIR is also annexed with the complainant.  Thereafter on 29^th Dec. 2012, the complainant was informed by the Gonda Police Station that her bag has been recovered on examination of the said bag it was found that the valuables, cash and jewelry contained in the bag were missing.   The complainant also sent a claim to the Chairman Railway Board for the loss suffered due to the negligence of Railways.  Thereafter the complainant filed this complaint.

        OP in its reply has taken a plea that no notice has been served to them and OP has also questioned the conduct of complainant, of not handing over the hand bag containing valuables to her husband who has also travelling with her.  OP has also questioned the allegations regarding the valuables contained in the bag.

        Brief perusal of the documents attached shows that the FIR has been lodged in Jhansi police station with the help of railway staff and the second FIR was also lodged in Delhi.  However, the bag was recovered with the missing valuables, clearly establishing the factum of theft.  This is a common security problem faced by numerous passengers. Once the ticket fare is paid to the Railways for reservation, Railways are accountable for the safe and complete journey of the passengers and their luggage. 

Such incidents in running train amounts to negligence in services provided by the Railways.  The complainant has put a highly inflated claim for loss of credit cards key and other documents etc. and we, therefore, award a compensation of Rs.15,000/- to the complainant for harassment and mental agony caused to them inclusive of litigation expenses.

If the compliance is not made within 30 days of the receipt of the copy of the order; OP will also pay interest @ 12% for the delayed period.

Copy of the order be sent to the parties free of cost.

        Pronounced in open Court on 02.03.2015.

 

(C.K.CHATURVEDI)

President

 

 

 

(S.R.CHAUDHARY)          (RITU  GARODIA)

Member                           Member