Date of filing: 12.05.2014.
Date of disposal: 24.09.2014.
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM – II:
VIJAYAWADA, KRISHNA DISTRICT
Present: Smt N. Tripura Sundari, B. Com., B. L., President (FAC)
Sri S. Sreeram, B.Com., B.A., B.L., Member
Wednesday, the 24th day of September, 2014
C.C.No.145 of 2014
Between:
Sajjana Kumar Agarwal, S/o Champalal, Aged about 64 years, R/o.Plot No.17, SKD Officer’s Colony, II Road, Vijayawada.
…..Complainant.
And
The Divisional Railway Manager, East Coast Railways, Nandan Kanan Road, Chandrasekharpur, Bhubaneswar, Odissa – 751017.
.. … Opposite party.
This complaint coming on before the Forum for final hearing on 10.9.2014, in the presence of Sri V. Rajendra & Sri Ch. Sreepathi Rao, advocates for complainant; opposite party remained absent and upon perusing the material available on record, this Forum delivers the following:
O R D E R
(Delivered by Hon’ble Member Sri S. Sreeram)
This is a complaint filed by the complainant under Sec.12 of Consumer Protection Act against the opposite party directing it to pay Rs.10,00,000/- towards compensation for loss of valuables and for mental agony, for costs and other reliefs.
The brief averments of the complaint are as follows:
1. The complainant is a well reputed business man and that he along with his family members boarded Train No.12839 Howrah – Chennai Mail express from Howrah to Vijayawada on 23-9-2013 and occupied their reserved seats in HA/1 Coach i.e. Seat Nos.7,8,9 and 10 along with their baggage and placed the same under their seats. While so, on 24.9.2013 at 1.15 a.m when the complainant and his family members checked the baggage, they found missing of valuable suit case out of their total baggage which contains gold jewellery, neckless, chains, rings, ear rings all worth Rs.9,00,000/- apart from cash of Rs.45,000/- along with other clothes etc., The complainant informed the same to the Railway police and they did not take any action and thereupon he informed the same to TTE at Vizag and lodged report at Vijayawada after getting train who registered case in Cr.No.355/2013 under Sec.379 IPC. It is further submitted that, in spite of proper care taken by complainant and his family members, because of negligence of the Railway authorities, the theft had been taken place and as such there is negligence, dereliction of duties and deficiency of service on the part of authorities. The complainant got issued a legal notice on 21.2.2014 and the same was received by the opposite party on 3.3.2014, but kept quiet. Hence, the complaint.
2. After registering the complaint, notices were sent to the opposite party and the same was served on opposite party. The opposite party remained absent.
3. The complainant filed his chief affidavit reiterating the material averments of the complaint and got marked Ex.A1 to A8 on his behalf. None examined on behalf of opposite party.
4. Heard complainant and perused the record.
5. Now the points that stood for consideration are
- Whether there is any negligence, dereliction of duty and deficiency of service on the part of opposite party in causing mental agony to the complainant?
- If so, to what relief.
Point No.1
6. Perusal of record discloses that the complainant boarded Howrah – Madras Mail with Train No.12839 at Kolkata to reach Vijayawada on 23-9-2013. Ex.A8 Electronic Reservation Slip discloses the same. The seats allotted to the complainant are 7, 8, 9 and 10 in HA1 compartment. The name of the complainant also find place in the Ex.A8 ticket. The main grievance of the complainant is that himself and his family members occupied their respective seats and arranged the luggage under the seats and later on 24-9-2013 at 1.30 a.m the complainant and his family members found missing of one suitcase which contains gold, cash and clothes worth Rs.10 lakhs. The complainant made a complaint to railway police, but they did not take any action. As such he made a complaint to TTE who issued Ex.A7 Form of lodging complaint by passenger in case of theft. Ex.A7 discloses the date as 24.9.14 and time as 2.30 a.m. Subsequently the complainant lodged a report to Vijayawada Railway police who registered FIR under Ex.A1 under Sec.379 of IPC, but so far the loss was not made good by the railway authorities. The complainant got issued a registered legal notice under Ex.A2 (Ex.A3 is postal receipt) and the same is served on opposite party, which is evident from Ex.A4.
7. The opposite party in spite of receipt of legal notice under Ex.A2 and also notices in the complaint did not make appearance and not filed any version denying the allegations of the complainant. As such the allegations made in the complaint and the documentary evidence under Ex.A1 to A8 remained unchallenged one. Further Ex.A7 report of complainant to TTE and Ex.A1 FIR discloses that theft had been occurred while the complainant and his family members were travelling in the train.
8. In this regard, the complainant relied on a decision of the Hon’ble National Commission in Revision Petition No.602/2013, dt.22.7.2013, wherein the Hon’ble National Commission, New Delhi while dealing with these type of similar cases those of Union of India and others Vs. J.S.Kunwar (2010(1) CPJ 90), Union of India and others Vs. Sanjiv Dilsukhraj Dave & Another (2003 CTJ 196 (CP) made the following observations
“A major responsibility cast on the TTE in addition to examining the tickets is that of ensuring that no intruders enter the reserved compartments………. This is gross dereliction of duty which resulted in deficiency of service”
“The price difference between the unreserved ticket and a reserved ticket is quiet high and the travelling public who buy a reserved ticket would expect that they can enjoy the train journey with a certain minimum amount of security and safety”
9. In the instant case also, undoubtedly the complainant and his family members were travelling a reserved A/c compartment and it was the duty of the TTE to ensure that no intruders entered the reserved compartment. Since there was failure on the part of TTE to prevent entry of unauthorized person in the coach during the night, we are of the opinion that there is negligence, dereliction of duty, deficiency in service on the part of opposite party. Further it is not the case of opposite party is that the case is investigated by railway police and the property was recovered. Since the opposite party failed to make appearance and file version, we have no option except to accept the contentions of the complainant.
10. So far as the quantum of loss is concerned, according to complainant he lost gold jewellery, cash and clothes worth Rs.10 lakhs. Except contending that he is carrying jewellery, cash and clothes worth Rs.10 laksh, the complainant has not filed any documentary proof to show the same. However the complainant filed Ex.A5 and A6 receipts issued by Haridas Basak, Kolkata. Ex.A5 receipt discloses that the said company people taken gold from the complainant for making gold ornaments. But Ex.A5 discloses that the said company delivered the articles to complainant on 21.9.2013. But a careful perusal of Ex.A5 discloses that the date column was altered at two places i.e. one at the date column and another beneath the signature of complainant by putting whitener. As such the Ex.A5 and A6 are not inspiring confidence of this Forum in came to conclusion what worth of gold jewellery is being transported along with complainant. In view of the above circumstances, we are of the opinion that granting of nominal amount of Rs.1 lakhs towards loss of valuables and Rs.50,000/- towards compensation for mental agony.
Point No.2
In the result, the complaint is allowed in part directing the opposite party to pay a sum of Rs.1,00,000/- (Rupees one lakh only) to the complainant towards loss of valuables with interest at 9% p.a. from the date of complaint till realization and also to pay Rs.50,000/- (Rupees fifty thousand only) towards compensation for mental agony apart from Rs.1,000/- towards costs. Time for compliance is one month. The other claims of complainant shall stands dismissed.
Typewritten by Steno N. Hazarathaiah, corrected by me and pronounced by us in the open Forum, this the 24th day of September, 2014.
PRESIDENT (FAC) MEMBER
Appendix of evidence
Witnesses examined
For the complainant: -None- For the opposite party: -None-
Documents marked
On behalf of the complainant:
Ex.A1 24.09.2013 Photocopy of FIR.
Ex.A2 24.02.2014 Copy of legal notice got issued by complainant to OP.
Ex.A3 Postal receipt.
Ex.A4 Copy of postal track record.
Ex.A5 21.09.2013 Original copy of making charges bill.
Ex.A6 12.09.2013 Original copy of receipt/voucher.
Ex.A7 24.09.2013 Photocopy of complaint given by complainant to railway police.
Ex.A8 Photocopy of reservation ticket (IRCTC E-Ticket)
On behalf of the opposite party:
PRESIDENT (FAC).
