Tamil Nadu

North Chennai

214/2014

Ram Bachan - Complainant(s)

Versus

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

Ram Bachan

21 Apr 2017

ORDER

 

                                                            Complaint presented on:  30.09.2014

                                                                Order pronounced on:  21.04.2017

 

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 21^st DAY OF APRIL 2017

 

C.C.NO.214/2014

 

 

Ram Bachan,

10, Apsara,

Amaipakkam Township,

P.O.Anupuram,

Distt:Kanchipuram,

Tamil Nadu, PIN: 603127.

                                                                                    ….. Complainant

 

..Vs..

General Manager,

Southern Railway,

Office Address:

1^st Floor, NGO Main Building,

Southern Railways,

Park Town, Chennai,

Tamilnadu – 600 003.

 

.....Opposite Party

Date of complaint                                 : 07.11.2014

Counsel for Complainant                      : Party in person (Ram Bachan)

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 to direct the Opposite Party to pay a sum of  Rs.10,76,478/-  for the loss caused to him in the train  with cost of the Complaint u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The Complainant and his wife travelled in the Rameswaram Express Train from Allahabad in Chengalpattu in S-4 coach, berth No.63 & 64. Her hand bag containing jewellery made of 118 grams gold and 38 grams silver with cash Rs.4,000/-  ID Card and house key. On 11.12.2012 at 12.15 hours when their train was passing through Tambaram Railway Station a smart, trained full man, snatched the handbag from the hands of his wife and jumped down to earth from the running train.  The Complainant and his wife shocked and immediately he had pulled the chain and the train stopped at the Tambaram Platform. The railway force rushed and enquired and they took the Complainant to their office.

          2. The Complainant filed a Complaint with the police and on FIR was registered. The police failed to recover the valuables. Hence this Opposite Party have committed deficiency in service and liable to compensate the Complainant for the loss caused to him in that train to a tune of Rs.10,76,478/- with cost of the Complaint.

3. WRITTEN VERSION OF THE  OPPOSITE PARTY IN BRIEF:

          The Opposite Party states that according to the Complainant, he and his wife were travelling in Train No.14260, Varansasi - Rameswaram Express on 11.12.2012 and at about 12.15 p.m when the train was approaching Tambaram Railway Station, an unknown person snatched the         hand bag of the Complainant’s wife and ran away after jumping down the moving train. The Complainant subsequently lodged a police Complaint with the Government Railway Police, Tambaram under report No.1210 dated 11.12.2012. The Complainant has now filed the present Consumer Complaint in this Hon’ble Forum praying for directions to the Opposite Party to pay a sum of Rs.10,76,478/- with break up details for the amount. The Complainant had stated that GRP have failed to recover the valuables. The railways are an important transport sector and at most care taken to cover all aspects of passengers travels including prevention and detection of crime in railways. Thus, security of passengers and their packages is the responsibility of the police and the Opposite Party does not have any connection with them. The alleged robbery happened due to the negligence of the Complainant wife only.  The Complaint is a vexatious one and hence the same is liable to be dismissed with cost.

4. 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?

5. POINT NO :1 

          The Complainant and his wife travelled in the Rameswaram Express Train from Allhabad to Chengalpattu in S-4 coach, berth No.63 & 64,  on 11.12.2012  and at about 12.15 hours when their train was passing through Tambaram Railway Station a smart, trained power full man snatched the handbag from the hands of his wife and jumped down to earth from the running train and  her hand bag containing jewellery made of  118 grams gold and  38 grams silver  with cash Rs.4,000/-  ID Card and house key and  the Complainant and his wife shocked and immediately he had pulled the chain and the  train stopped at the Tambaram Platform and  the railway force rushed and enquired and they took the Complainant to their office and  he filed the Complaint to them and based on that Ex.A2 FIR was registered. Ex.A1 is the proof of ticket for their travelling as stated above. The police was unable to recover the jewels.

          6. The case of the Complainant is that while travelling in the Opposite Party train the incident was took place and therefore the Opposite Party has committed deficiency in service and liable to pay the value of jewels and compensation for mental agony. The Opposite Party counsel replied that the Complainant wife has not properly safeguarded and negligently might have holded the thinks and therefore for such a negligent act the Opposite Party is not liable.

          7. According to the Complainant the unknown person snatched the hand bag from the hands of his wife and the said hand bag was containing gold and silver jewels. The Complainant and his wife were all along travelling from Allahabad to Chengalpattu which is a very long journey and only on nearing Chengalpattu the incident had taken place. One cannot expect that the jewels gold and silver would be kept in the hand bag and was holding in the hands throughout her journey.  Why she had not worn the jewels and instead why she kept the jewels in her hand bag and absolutely there is no explanation for such doubts either in the Complaint or in the proof affidavit.  Further, no documents have been field to show that the Complainant and his wife have purchased and owned those jewels. The Complainant has kept jewels in the hand bag and travelling for a long journey and holding in their hands only proves that she is holding in a negligent manner. For such negligent act of the Complainant wife, the Opposite Party cannot be held liable and it is held that the Opposite Party has not committed any deficiency in service.

08. POINT NO:2

Since the Opposite Party has not committed any Deficiency in Service, the Complainant is not entitled for any relief and the Complaint is liable to be dismissed.

          In the result the Complaint is dismissed. No costs.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 21^st day of April 2017.

 

MEMBER – II                                                               PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 11.08.2012                   Railway Ticket issued by net booking

Ex.A2 dated 11.12.2012                   FIR copy registered at Tambaram Railway Station

Ex.A3 dated 23.08.2014                   Notice to the Opposite Party

Ex.A4 dated 25.08.2014                   Acknowledgement from post office

LIST OF DOCUMENTS FILED BY THE OPPOSITE PARTY :

 

                                      …….  NIL …….

 

MEMBER – II                                                               PRESIDENT