Delhi

StateCommission

FA/1366/2013

G.M. NORTHERN RAILWAY - Complainant(s)

Versus

SMRITI THAPPER - Opp.Party(s)

29 Jul 2016

ORDER

 

 

IN THE STATE COMMISSION : DELHI

(Constituted under Section 9 of the Consumer Protection Act, 1986)

 

Date of Decision:29.07.2016

 

First Appeal- 1366/2013

(Arising out of the order dated 26.9.13 passed in Complainant Case No. 586/2011 by the District Consumer Disputes Redressal Forum (VI), M-Block, New Delhi)

The General Manager,

Northern Railway,

Baroda House,

New Delhi.

                                                        ….Appellant

Versus

Smt. Smriti Thapar,

W/o Sh. Ashish Thapar,

R/o 86-C, B.K.S. Nagar, Ludhiana

Through Her Attorney,

Mr. Vijai Khoshla

….Respondent

CORAM

Justice Veena Birbal, President

Salma Noor, Member

1.       Whether reporters of local newspaper be allowed to see the judgment?

2.        To be referred to the reporter or not?

 

 

 

Justice Veena Birbal, President

 

1.             Aggrieved by the ex-parte judgement dated 26.9.13 passed by the Consumer Disputes Redressal Forum-VI, M-Block, New Delhi (in short, “the District Forum”) in CC No.586/2011 whereby the appellant/OP has been directed to pay to the respondent/complainant compensation of Rs.1 lac, the present appeal is filed.

2.             The facts relevant for the disposal of the present appeal are as under:

The respondent/complainant had booked tickets (PNR No.2627371376) for travelling from New Delhi to Ludhiana by Amritsar Shatabdi in Executive Class on 13.10.2009.  She along with her two minor daughters boarded the train at 4.30 pm on 13.10.2009 in coach No.E-2.  The seats were exchanged with the co-passengers.  After 10 minutes of leaving the train, at Sadar Bazar station when the train slowed down, a miscreant had entered the compartment by opening the internal door and snatched the hand bag which was in the lap of the respondent/complainant and ran outside and jumped out of the train.  The tickets were also snatched from her.  The respondent/complainant raised the alarm and tried to apprehend the miscreant but he jumped from the train.  The co-passengers and railway official gathered upon hearing the hue and cry, but of no help.  The matter was reported to railway officials but the officials only expressed their helplessness and police report was also lodged by her.  It was alleged that there was some jewellery, mobile phone and cash amount in the bag.  She suffered a loss of Rs.6,00,000/- and filed a complaint before the Ld. District Forum by alleging deficiency in service on the part of the appellant and raised a claim for the aforesaid amount and also prayed for compensation and litigation expenses.

3.             Perusal of the impugned order shows that no one appeared on behalf of the appellant/OP on 9.5.12.  Due to non-appearance, respondent/complainant was proceeded ex-parte.  Thereafter, ex-parte evidence of respondent/complainant was taken.  After hearing the respondent/complainant, complaint was allowed and direction was given to the appellant/OP to pay compensation of Rs.1 lac to respondent/complainant. 

4.             Ld. Counsel for the appellant has submitted that appellant/OP was served before the District Forum.  The file of the Counsel for appellant/OP was misplaced, as such no appearance was made on 9.5.12.  It is submitted that in December, 2012, the file was traced.  The Counsel for the appellant/OP went before the Ld. District Forum and made enquiries about the case, then it was revealed from the cause list of 18.12.12 that the matter was settled and file was consigned.  Believing the same, the Counsel did not appear further in the matter.  In the first week of December, 2013 when the Counsel went to attend some other case before the Ld. District Forum, then it had come to his knowledge that the judgement has been delivered in the aforesaid case on 26.9.13 and compensation of Rs.1 lac had been awarded.  Thereupon the certified copy of the impugned judgement was taken and immediate steps were taken for filing the appeal.  It is stated that the appellant could not appear before the District Forum and put forth his defence due to the reasoning stated above and ex-parte judgement was passed without giving opportunity of hearing and there is violation of principle of natural justice. 

5.             It is submitted that appellant/OP has good case on merits.  It is stated that the claim was not maintainable under Section 100 of the Railways Act and the respondent/complainant had also changed the seat.  

6.             Nothing contrary is pointed out on behalf of the respondent/complainant. Nothing is placed on record by respondent/complainant that non-appearance was intentional and that the appellant/OP is trying to unnecessary delay the matter. 

 

7.             Considering the reasoning given for non-appearance which is supported with affidavit of appellant/OP and stand of the appellant/OP on merits, we accept this appeal and set aside the ex-parte judgement subject to payment of cost of Rs.5,000/- to the respondent and remand back the case to the Ld. District Forum for deciding it afresh after giving opportunity to appellant/OP to defend the same on merits.

 

8.             Let the parties appear before the Ld. District Forum on 29.8.16.  On the said date, the appellant/OP shall pay the cost which has been imposed while condoning the delay i.e. Rs.3,000/- & Rs.5,000/- for setting aside the ex-parte judgement i.e. total Rs.8,000/- to the respondent/complainant.    Thereupon the Ld. District Forum shall give an opportunity to appellant/OP for filing written statement and shall proceed further in the matter in accordance with law.

      

10.            A copy of this order as per statutory requirements be sent to the parties free of charge and also to the concerned District Forum.  The record of the District Forum be sent back forthwith.  Thereafter the file be consigned to record room.

 

(Justice Veena Birbal)

     President

 

 

                                                                                                                                                                                                       (Salma Noor)

 Member