ORAL

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, UTTAR PRADESH, LUCKNOW

A/867/2019

Dr. Naveen Chandra Vs Union of India through General Manager Northern Railway Gorakhpur & Others

27-07-2023  

                   BY MR. JUSTICE ASHOK KUMAR, PRESIDENT

                                                 ORDER       

The case is called out.

Sri Adil Ahmad, learned counsel for the appellant appeared.

On behalf of opposite party learned counsel Smt. Sandhya  Dubey is present.

The instant appeal is filed against the judgment and order dated 25-05-2019 of the Learned District Consumer Commission by which the complaint filed by the complainant/appellant has been dismissed.

Briefly the facts of the case are that the complainant was travelling by train in AC coach on 16-09-2013, when the train crossed Allahabad junction and was moving towards Mau, some people boarded the train stole the goods of the complainant. He immediately informed the TTE and Police about the incident but they did not taken any action. The complainant lodged the First Information Report at Mau junction. The authorities of the GRP Police assured the complainant that they will take appropriate action but did not take any action. The complainant further alleges that the GRP, Mau has transferred his case to GRP, Allahabad. The GRP, Allahabad after investigating the incident and has submitted his final report to the Court of Railway authority with the remark that culprit are not found by them. Hence the instant complaint.

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The opposite party has filed the written statement before the LDCF and has denied the allegations made in complaint. It has been further stated in written statement that no deficiency in service committed by the opposite party and their employees. In written statement the opposite party has further stated that the complaint is not maintainable before the DCF.

The Learned District Consumer Commission after hearing the counsel for both the parties and perusing the material available on record and the evidence adduced by both the parties came to the conclusion that the opposite parties have not committed any deficiency in service and has dismissed the complainant.

Being aggrieved with the impugned judgment and order, the complainant has come up in appeal.

I have heard learned counsel for the parties and perused the records.

It has been argued by the learned counsel for the appellant that the impugned judgment and order has been passed by the Learned District Consumer Commission without proper application of mind and without considering the facts and circumstances of the case. It has failed to consider the matter of complaint case and illegally dismissed the complaint, which is liable to be set-aside and be pleased to allow the appeal.

It has been argued by the learned counsel for the respondent that the impugned judgment and order passed by the Learned District Consumer Commission is justified and no interference is required.

After hearing the learned counsel for the respective parties, in my opinion the order passed by the Learned District Consumer Commission is fully justified. Further no irregularity or illegality has been pointed out by the counsel for the appellant. Further, it

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is necessary to point out that recently the Hon’ble Apex Court has held that the goods or money belonging to the passenger travelling by Railway/Train, if there is any kind of theft then in that situation Railway cannot be held guilty nor any compensation can be asked from the Railway. The said judgment though belongs to claim with regard to theft of money as claimed by the complainant of the said case but in the instant case certain alleged goods belonging to the complainant/ appellant were missing during the course of travel from one destination to another.   

Relying upon the judgment of Hon’ble Apex Court in the case of Station Superintendent & Another Vs Surendra Bhola Civil Appeal No. 7116 of 2017 decided on 15-06-2023, I find no error in the impugned order, as such the appeal is liable to be dismissed. 

O R D E R

          Accordingly, the appeal is dismissed. The judgment and order of the Learned District Consumer Commission is confirmed.      

          There will be no order as to costs.

Let copy of this order be made available to the parties as per rules.

The Stenographer is requested to upload this order on the website of this Commission at the earliest

                                                        (Justice Ashok Kumar)                                     

                                                           President                                                         

Ashish

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