BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM.
KAMRUP
C.C.No.51/2016
Present: I) Shri A.F.A.Bora,M.Sc.,L.L.B.,A.J.S -President
II) Smti Archana Deka Lahkar,B.Sc.,L.L.B. -Member
III) Sri Jamatul Islam,B.Sc,Former Dy
Director,FCS & CA - Member
Sri P.K.Srivastava - Complainant
G.S.Road, Shaktigarh Path
Bhangagorh , ABC. Guwahati -7
-vs-
General Manager -Opposite party
N.F.Railway,Maligaoh
Guwahati- 11
Appearance
Ms. Sanchaiyita Barman learned advocate for the complainant.
Date of argument: 27.6.2019
Date of judgment: 4.3.2020
JUDGMENT
1) This is a complaint filed under the Consumer Protection Act, 1986 by one Sri P.K.Srivastava against opposite party General Manager , N.F.Railway, Maligaon, Guwahati 11. Notices were issued to the opposite parties . The opposite party did not turn up and this Forum on 31.10.2017 ordered further proceedings of the case exparte against the opposite party. Accordingly, complainant side is heard.
2) The fact of the complaint case briefly is that the complainant was travelling with his spouse from Ranchi station to Kamakhya Station on 13.12.2015 by train No. 15661 under PNR No. 6147449173, AC Coach B/2, seat No. 3 and 5 with some luggage including one briefcase in which some valuables belongings including ornaments approximate value of Rs.2,00,000/-(Rupees two lakhs) only were kept under lock and key below the seats.
3) It is submitted that on the second day of his journey i.e. 14.12.2014 at about 8-30 a.m. complainant had come to know that his Briefcase had been stolen by cutting the lock and chain. Immediately he informed the T.T.E. on duty about the incident, but the T.T.E. did not take any steps to find out the briefcase .
4) It is further submitted that the T.T.E. did not even provide the complaint book to the complainant in spite of repeated request . The complainant has also sought permission from the T.T.E. to lodge a complaint of the incident at nearest station i.e. Maldoh or Kisanganj. But the T.T.E. had refused the complainant
5) The T.T.E. had asked the complainant to lodge the complaint at arrival station i.e. Kamakhya Station , Guwahati only. Accordingly the complainant the complainant had lodged the complaint /F.I.R. with annexures at Kamakhya Railway Station , Guwahati on 15.12.2015 on the day of arrival . The case has been registered with GD entry No. KYQ GRP/OP GDENO 334/ dated 15.12.2015.
6) Then complainant has also lodged a complaint on Web Complaint portal on 7.2.16 with complaint reference No. W/SE/RNC/000104369 , but the same is yet to be responded by the opposite party.
7) The complainant further states that he was travelling by train with a valid reservation . It is the duty of the railway authority to ensure the safety of the passenger s and their belongings. Especially during the night hours. If the journey is not safe by any other way of life or property it transpires that the concerned authority is unable to give protection to their passengers and hence it falls under the category of deficiency of service. It is the duty of the Railway Authority to carry his passenger and belongings to their destination safely and if any person enters into any reserved compartment unauthorized then besides being liable for criminal prosecution, he can be removed from the railway compartment by Railway servant or any of the person whom such railway servant may call to his aid (Sec.147 (2) of the Railway Act of the 1989.
8) It is stated that Railway Authority is liable for payment of the compensation to the complainant for the harassment , trouble , loss of business, Physical inconvenience and mental agony arising directly out of the breach of warranty , breach of agreement , breach of duty on the part of the opposite party.
9) The complainant has assessed his value of the articles as well as gold ornaments stolen as Rs.2,00,000/- only and claimed Rs.1,00,000/- as compensation for the physical and mental harassment.
10) We have carefully scrutinized the documents submitted by the claimant and his evidence in support of his claim petition. There is an Electronic Reservation Slip which shows that claimant was a passenger of a concerned train No. 15661 under PNR No. 6147449173. The F.I.R. lodged vide Ex.2 is also annexed with two nos. of invoice amounting to Rs.53,000/- and Rs.12,400/- respectively. Those are in respect of the jewellery in the name of complainant Sri P.K.Srivastava . The value of two of the gold ornaments were totaling Rs.65,400/-. There is no such supporting vouchers or documents to established the fact that there were other valuable clothes in the lost briefcase, the value of which is not specifically mentioned. It is claimed that there were some used clothes for which the value may be reasonably considered for the 14 nos of saries up to Rs.14,000/-.
11) If we considered the service rendered by the Railway Authority for a passenger of a reservation compartment, it is found that sec.147 (2) of Railway Act ,1989 become relevant and it is the duty of the railway servant to remove any difficulty for protection of the passengers and their belongings. The duty and responsibility of the T.T.E. is manifold where clause 13 speaks that “He shall remain vigilant particularly during the night time and prevent entry of unauthorized persons/ beggars/ intruders in the coach.”.
12) In the present case it is found that the T.T.E. was not so vigilant and there is a deficiency in service on the part of the opposite party. As such , the case against the opposite party is proved for which we found that complainant is entitled for loss and damages as well as compensation for harassment and mental agony along with cost of the proceeding.
13) In the result it is ordered that opp.party will pay an amount of Rs.65,400 + Rs.14,000= Rs.79,400/- as damages. The complainant is further entitled for compensation to the amount of Rs.25,000/- along with cost of the proceeding amounting to Rs.5,000/-, totaling of Rs.1,09,400/-.
14) The awarded amount is to be paid to the complainant within 45 days from the date of judgment failing which the opp.party need to pay an interest on the decretal amount @ 12 % per annum from the date of judgment till realization.
Given under our hand and seal of the District Forum, Kamrup , this the 4th day of March, 2020.
Member Member President
