Tamil Nadu

North Chennai

225/2014

P.Jayanthi - Complainant(s)

Versus

The General Manager, Southern Railway - Opp.Party(s)

Party in Person

09 Jun 2017

ORDER

 

                                                            Complaint presented on:  13.11.2014

                                                                Order pronounced on:  09.06.2017

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

                    TMT.T.KALAIYARASI, B.A.B.L.,           MEMBER II

 

FRIDAY THE 09^th DAY OF JUNE 2017

 

C.C.NO.225/2014s

 

 

Mrs.P.Jayanthi,

W/o.Mr.T.N..Parthasarathy,

207/10, Asiad Colony,

Anna Nagar West,

Chennai – 600 101.

Cell: 9840684615.

                                                                                    ….. Complainant

 

..Vs..

The General Manager,

Southern Railway,

Chennai – 600 003.

.....Opposite Party

Date of complaint                                  : 05.12.2014

Counsel for Complainant                      : Party in Person

Counsel for Opposite Party                      : Mr.N.R.Narayanen

 

 

 

 

 

 

O R D E R

 

BY PRESIDENT THIRU. K.JAYABALAN B.Sc., B.L.,

          This complaint is filed by the complainant for the deficiency committed by the Opposite Party/Railways and also to pass an order of compensation to her u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The Complainant travelled in the second class cum-reserved compartment by train No.11027 from Mumbai to Chennai. When she woke up at Chennai Central Station, she found her 400 of sovereigns Mangalyam was missing from her neck.  The Complainant would state that her thali was cut and stolen away either by Railway Staff Travelling in the train are by un authorized persons entering reserve compartment while sleeping in the train between  Renigunta  and Chennai Central. The Complainant gave Complaint to the railway police and they have registered FIR No.109/13 under section 379 IPC. Even after 1 ½ year passed the police, they have not traced her thali. Hence the Complainant filed this Complaint for the deficiency committed by the Opposite Party and also to pass an order of compensation to her.

2. WRITTEN VERSION OF THE  OPPOSITE PARTY IN BRIEF:

          The Complainant alleged while travelling from Mumbai to Chennai on 13.02.2013 and on reaching Chennai Central Railway Station she found her that Thali was missing and she gave Complaint with government Railway Police and they have not traced the same. Therefore, the grievances of the Complainant is only against the government Railway Police who had not recover her mangalyam. Therefore the Opposite Party is not liable for the Complainant negligence and the Complainant must seek redressal only from the Government Railway Police and the Opposite Party is no way liable. Further, as per section 100 of the Railway Act, 1989 the railway administration shall not be responsible for the loss, destruction deterioration or non delivery of any luggage unless a railway servant has booked the luggage and given receipt thereof.   The Mangalyam Chain was carried by the Complainant and therefore the loss alleged was to the negligence of the Complainant only. Therefore this Opposite Party has not committed any Deficiency in Service and prays to dismiss the Complaint with costs.

3. POINTS FOR CONSIDERATION:

          1. Whether there is deficiency in service on the part of the opposite party?

          2. Whether the complainant is entitled to any relief? If so to what extent?

4. POINT NO :1 

          The case of the Complainant is that she  boarded the Chennai Mail on 13.02.2013, Train No.11027 at Bombay to Chennai and Ex.A4 is her  journey train ticket and while on the way she woke up at Renigunta  Station and at that time she was wearing her thali Chain weighing  about 4 ½ sovereigns and again she went to sleep on the mid night  of 14.02.2013 and thereafter she got up at 3.30 a.m  at Central Station  on 15.02.2013 and she found that her thali Chain was missing and therefore she gave Ex.A1 Complaint to the sub-Inspector Railway of Police Station, Chennai Central and the said Complaint was registered as Ex.A2 FIR and since the chain was missed while travelling in the train, the Opposite Party is liable for the same.

          5. Ex.A4 is the proof that the Complainant boarded the Chennai mail at Bombay on 13.02.2013. The Opposite Party did not deny the travel of the Complainant as per Ex.A1 and also missing of thali as alleged by the Complainant. The objection of the Opposite Party is that due to the negligence of the Complainant she has missed her thali chain and further they are liable as per section 100 of the railway act.

          6. Admittedly the Complainant travelled in a reserved coach. In the reserved coaches ticket travelling examiner (TTE) would be available and they would check the ticket and show the reserved seats to the passengers. It is duty of the TTE after checking the tickets and the passengers are went to their bed for sleep during night hours, the  TTE has to fasten the doors with lock and to see that no intruders should enter. Further, it is duty of the Opposite Party/railways to see the security of the passengers. While the Complainant was sleeping the incident had taken place. If the doors are locked with proper care no third person would enter the reserved coach. The Complainant also alleged in her Complaint  that either the employee of the train or  the 3^rd party entered the coach should have committed theft of her Mangalyam. The Complainant is 61 years old and a senior citizen and she being a Hindu lady the loss of thali should have psychologically affected her mind. If the Opposite Party have provided sufficient security to take care of the passengers the incident would not have occurred. Therefore, the Opposite Party having failed to provide proper service in the train, the Complainant had lost her       4 ½ sovereigns thali chain and therefore, it is held that the Opposite Party has committed Deficiency in Service.

07. POINT NO:2

          The Complainant due to loss of her 4 ½ sovereigns thali chain she would have suffered with mental agony due to the deficiency committed by the Opposite Party. Therefore, the Complainant has to be compensated for the loss of chain and also suffering of her mental agony. Hence, it would be appropriate to order the Opposite Party to pay a sum of Rs.1,00,000/- to the Complainant towards loss of her 4 ½ sovereigns thali chain and for mental agony to meet ends of justice. Apart from that the Opposite Party may also be ordered to pay a sum of Rs.5,000/- towards litigation expenses.

In the result the Complaint is partly allowed. The Opposite Party is ordered to pay a sum of Rs.1,00,000/- ( Rupees one lakh only) towards  compensation  for the loss of  thali chain and  mental agony, besides a sum of Rs.5,000/- (Rupees five thousand only) towards litigation expenses.

The above amount shall be paid to the complainant within 6 weeks from the date of receipt of the copy of this order failing which the above said amount shall carry 9% interest till the date of payment.

Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 09^th day of June 2017.

 

MEMBER – II                                                               PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 17.02.2013                            Complaint – Xerox

Ex.A2 dated 21.02.2013                            FIR copy – Xerox

Ex.A3 dated 23.01.2014                            Copy of acceptance letter from Railways

Ex.A4 dated 18.02.2013                            Railway Ticket

 

 

LIST OF DOCUMENTS FILED BY THE OPPOSITE PARTY :

 

                                      ……. NIL …….

 

 

 

 

MEMBER – II                                                               PRESIDENT