Rajasthan

StateCommission

A/887/2017

Station Master Indian Railway Department - Complainant(s)

Versus

Sunil Kumar S/O Ishawar Singh Phulheri - Opp.Party(s)

Om Prakash Rangjika

13 Sep 2017

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

 

FIRST APPEAL NO: 887 /2017

 

Station Master, Indian Railway, Fatehpur Distt. Sikar & ors.

Vs.

Sunil Kumar s/o Ishwar Singh Kulhari r/o Tihawali Tehsil Fatehpur Distt. Sikar Rajasthan.

 

Date of Order 13.9.2017

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

 

Mr.Om Prakash Ranjika counsel for the appellant

 

BY THE STATE COMMISSION ( PER HON'BLE MRS. JUSTICE NISHA GUPTA,PRESIDENT):

 

This appeal has been filed against the order of the learned District Forum, Sikar dated 30.6.2017 whereby the claim has been allowed against the appellant.

 

The contention of the appellant is that railway is not

2

deficient and in view of sec.100 of the Railways Act no liability could be imposed upon the appellant. There is no evidence to the effect that the value of the stolen articles was as stated in the complaint.

 

Heard the counsel for the appellant and perused the impugned judgment .

 

The facts of the case goes to show that the respondent consumer travelled from Coimbatore to Jaipur in reserved coach. On 21.6.2015 the articles were stolen from the reserved railway coach. Hence, the deficiency on the part of the appellant is writ large and reliance could be placed on 2015 (3) CPR 478 (NC) Union of India Vs. Ajay Kumar Agarwalla where the National Commission has held that railway is responsible for theft of luggage from running train. Further the Forum below has considered the value of the stolen goods. FIR was lodged immediately after the theft and after considering the merit of the case claim has rightly been allowed.

 

In view of the above, there is no merit in this appeal not worth admission and liable to be rejected.

(Nisha Gupta) President