BEFORE THE BANGALORE I ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SHANTHINAGAR BANGALORE -  27.

CONSUMER COMPLAINT NO.135/2022

DATED ON THIS THE 28^th FEBRUARY-2023

Present:        1) Sri. B.Narayanappa,

M.A., LL.B., - PRESIDENT  

                     2) Smt. Sharavathi. S.M,

                                               BA., LLB., MEMBER

ORDER’s pronounced by Sri. B.NARAYANAPPA,

                                                               PRESIDENT

1. Noori Asma both residents of Akshay Nagar, Bangalore have filed this complaint against the OP the Divisional Railway Manager, Bengaluru u/Sec.35 of the C.P. Act, 2019 praying to direct the OP to pay an amount of Rs.11,97,500/- with interest at 18% p.a and such other reliefs as this Commission deems fit to grant under the facts and circumstances of this case.

The complainants have reserved tickets from Kurnool to Bangalore in train No.12785, Kachiguda-Bangalore Express.Their birth Numbers was 16 and 45 in S5 Coach.Berth No.16 was allotted to complainant No.1 and Berth No.45 was allotted to complainant No.2 and the departure time was fixed at 11-00 PM on 11.01.2019 and arrival time at 6-00 AM on 12.01.2019.The complainants along with their kid namely Naadiya Uzma, aged about 4 ½ years travelled in the said train with their luggage containing one back bag with golden ornaments weighing 265 grams.The present market value of the said ornaments is worth Rs.11,92,500/- which was purchased in the name of father of complainant No.2by name Mahaboob Basha.The back bag containing gold ornaments was carried by complainant No.2 along with other luggages.The complainant No.1 used to visit complainant No.2 at Berth No.45 during travel to safeguard the luggage and gold ornaments.At about 5-00 AM, on 12.01.2019 to their shock and surprise, they were waked up by the Railway Police (RPS) at about 6-25 AM and they found that, the back bag containing gold ornaments weighing 265 grams and vanity bag was subject to theft along with RC book and ATM Cards, old Redme mobile and Bank Pass Book by unknown persons.The complainant went to Railway Police and tried to lodge a complaint but, the Police failed to take their complaint and made them to wait.Therefore, they approached SP who asked the complainants to lodge a complaint before the Railway Police.Accordingly, lodged a complaint on 13.01.2019 and the same was registered in CR No.0011/2019 u/Sec.379 of IPC but, the Railway Police concerned have failed to trace out the culprits and the gold ornaments and due to COVID-2019 pandemic, lockdown was imposed therefore, the delay has been caused in filing the present complaint.Hence, prays to grant reliefs as prayed.

5. our consideration are as under:

1. Whether the complainants prove that the alleged deficiency in service on the part of the opposite party and thereby they are entitled to the reliefs as sought for?

2.  What order?

      Point No.1:- In the Negative.

      Point No.2:- As per final order

                         for the following:

:: R E A S O N S ::

7.         Point No.1:- It is the contention of the complainant No.1 and 2 that, they booked tickets in Train No.12785 Kachiguda-Bangalore Express to travel from Kurnool to Bangalore and berth No.16 and 45 allotted to complainant No.1 and 2 respectively and they boarded the train on 11.01.2019 at 11-00PM and train arrived in Bangalore on 12.01.2019 at about 6-00 AM in the morning.It is the specific contention of the complainant that, the complainant No.1 and 2 travelled in the said train along with their kid aged about 4 ½ years namely Naadiya Uzma and along with their luggage containing one back bag containing golden ornaments weighing 265 grams worth of Rs.11,92,500/-.  It is further contention of the complainant that, the luggage and back bag containing gold ornaments weighing 265 grams was with complainant No.2 and the complainant No.1 used to visit his wife complainant No.2 at berth No.45 since he was allotted berth No.16 to protect the back bag containing 265 grams of gold and it is further contention of the complainants that, at about 5-00 AM on 12.01.2019 when they were in sleep, to their shock and surprise, the Railway Police came to them and waked them up at about 6-25 AM and the complainants noticed that, the back bag containing gold ornaments weighing 265 grams and vanity bag containing old Redme mobile, RC book of vehicle, ATM card, Bank Pass Book were subjected to theft.  Therefore, they lodged a complaint to Railway Police on the next day i.e., on 13.01.2019 but, it is alleged that, the Railway Police were unable to trace out the culprits and the stolen articles such as gold ornaments.  Therefore, it is alleged the deficiency in service on the part of the OP. 

9. we answer point No.1 in the negative.

10. Point No.2:- For the aforesaid reasons, we proceed to pass the following:

:: ORDER ::

2. the copy of order to both parties at free of cost.

(Dictated to the Stenographer transcribed, typed by him, corrected by us and then pronounced in open Commission on this the 28^th February 2023)