ORDER No. 03 Date: 03/08/2023
Today is fixed for admission hearing.
Complainant side is present and found ready.
Heard Ld. Advocate for the complainant side.
Considered submission.
Perused the petition of complaint and its connected documents.
On close examination of the petition of complaint it is found that the complainant has claimed compensation of Rs.1,50,000/- for deficiency of service on the part of the OP, Railway for causing humiliation, harassment and mental agony to the complainant and also prayed for litigation cost of Rs.40,000/-.
On close scrutiny of the petition of complaint it appears that the complainant has claimed the above noted claim on the ground that at the time of using bathroom of the railway on the date of journey on 02/09/2021 the complainant’s body and his dresses became dirty due to dirty water of the bathroom and it caused humiliation to the complainant.
It is revealed that the complainant has lodged complaint before the Railway Authority but the said complaint was dropped by the Railway Authority as no fruitful material was found.
For the purpose of proving the case the complainant side is laying emphasis on the photographs (black & white) but fact remains that photographs are not the conclusive proof of any allegation. Moreover, it is also revealed that the petition of complaint filed by the complainant is bereft of cogent evidence which indicates that there is no prima facie case in the matter of filing this complaint petition in favour of the complainant.
Considering all the above noted factors this District Commission is of the view that this complaint petition cannot be admitted and so it is dismissed.
No order is passed as to cost.
Dictated & corrected by me.
President