This is a case u/s. 12 of the Consumer Protection Act, 1986 filed by the complainant against the O.Ps named above.
The case of the complainant, in a nutshell, is that the complainant was travelling in Train No. 12510, Guwahati-Bangalore Express vide his Ticket PNR No. 6504563418 on 01/10/2017 and on 04/10/2017 he reached Chennai Railway Station and after completion of his work he again boarded in Train No. 15929 Dibrugarh Express on 05/10/2017 vide his PNR No. 4536832105, Seat No. S6-3. In course of his journey Chennai Egmore Station to New Alipurduar he did not find any RPF or GRPF in train as security. Thereafter, when the said train reached at Tatanagar Railway Station he got some smell of “Ganja”. Thereafter, he got down from his Upper Berth and searched wherefrom the smell of Ganja coming. He found two boys passing through the internal board in between two coaches and mixed with other standing co-passengers.
The further case of the complainant is that on 06/10/2017 at 4 ‘O’clock night i.e. morning on 07/10/2017, the complainant found that his costly Redme – 4 handset mobile phone having it’s IMEI No. 863675035606672 and IMEI No. 6645 was lost. In the said mobile phone there were two sim cards Bearing No. 8637889749 (GIO) and No. 9832550650. Accordingly, he got down in platform from the coach at Tatanagar Railway Station and reported the matter to on duty two RPF officials and one of them was entered in coach and started to give advice the complainant what the complainant was doing when the offender theft his mobile. The said RPF personnel did not help to search the said mobile nor took any steps for searching the same. The complainant lodged diary at GRPF at Tatanagar through post and he also lodged diary at Falakata police station and on 12/10/2017 he sent letter to the GRPF where he mentioned that his mobile was in running condition till the night of 08/10/2017 but the Railway officials did not take any steps for tracing his mobile set.
Hence, this case has been filed by the complainant against the O.Ps with a prayer to direct the O.P to pay Rs. 50,000/- towards his mental agony as well as the cost of the said mobile set.
In the instant case the O.Ps have appeared before this Forum and contested the case by filing written version contending inter alia that the case is not maintainable in his present form and the case is bad for want of jurisdiction u/s. 13 and 15 of the Railway Claims Tribunal Act, 1987. The specific case of the O.Ps that the appropriate Forum of claiming for loss, damage and deterioration of consignment render to Railways for carrying, vests upon Chief Commercial Manager, Claim Office and further compensation if any, is also settled in Railway Claims Tribunal u/s. 13(1) of Railway Claims Tribunal Act, 1987.
In order to prove the case, the complainant has filed evidence-in-chief as well as written argument and the complainant also filed some documents. On the other hand the O.Ps have also filed evidence- in-chief and written argument.
We have heard argument from both sides and also perused the materials on record meticulously.
Considering the above pleadings the following issues are necessarily come out to consideration to reach just decision of the case.
POINTS FOR CONSIDERATION
- Is the complainant a consumer u/s.2 (1)(d)(ii) of Consumer Protection Act, 1986 ?
- Has this Forum jurisdiction to entertain the instant case?
- Have the O.Ps any deficiency in service as alleged by the complainant?
- Is the complainant entitled to get any relief/reliefs as he prayed for?
DECISION WITH REASONS
Point Nos. 1 & 2:
These two points are taken up together for the sake of brevity and convenience. The case has been filed u/s. 2(1)(d)(ii) of Consumer Protection Act, 1986. The complainant was the passenger of N.F. Railway in a reserve compartment of Train No. 15929 Dibrugarh Express on 05/10/2017 from Chhenai Egmore Station to New Alipurduar Station. He has filed the valid ticket to prove his genuineness of journey. It is allegation that during his journey some strangers were entered into the reserve compartment and thereafter he found his costly mobile phone was stolen. Reserve compartment of a train means for passenger who reserve the seat from railway for their journey and strangers are not allowed to enter into the said compartment. So, when the strangers are entered into the reserve compartment that laches of the T.T.E or the GRPF are there as they did not perform their duties properly. So, it is the deficiency in service from the part of the railway authority which the passenger was entitled to get proper service. According to the Act the complainant being a passenger of the train is a consumer in this regard and the case has been filed correctly before this Forum and this Forum has jurisdiction to try the same as because the O.Ps, who are the high official and responsible person of N.F. Railway having their office at Alipurduar which is within the jurisdiction of this Forum. So, these two points are decided in favour of the complainant.
Point Nos.3 & 4:
These two points are taken up together for the sake of brevity and convenience. The allegation of the complainant is that during journey of the complainant from Chhenai Egmore Station to New Alipurduar Station the complainant was boarding in an upper seat of a reserved compartment according to the seat allotted by the railway and in the midnight he found some strangers entered into the reserve compartment and he came down from his seat and to see the matters. He found that two or three passengers who were not the passenger of that compartment and they were moving inside the compartment and when the complainant came back to his seat, he found that his mobile phone was missing. He then and there informed the matter to the GRPF/RPF but they did not do anything. Thereafter he lodged a complaint to the GRPF at Tatanagar Railway Station and he also tried to contact of 100 dials but failed. He lodged the complaint at the Falakata Police Station in this regard on 12/10/2017 but after receiving the complaint GRPF did not take any action to search out his mobile phone. The RPF concern did not help him as such he informed the matter.
The O.Ps appeared this Forum and contested the case as the same although they have denied everything and they have also stated that incident has not taken place and no mobile phone was stolen and the petitioner will not entitle to get any relief from this case.
After careful scrutiny of the case record we find that the complainant was a passenger of Dibrugarh Express being no. 15929 with a valid ticket and he was travelling in reserve compartment in his specific seat it appears that he was filed one cash memo of his mobile phone for which it appears that it was purchased on 05/05/2017 amounting to Rs. 9,500/- although there is some over writing or pen through on the date of the cash memo. But the O.Ps did not challenge the same about the said cash memo except the denial that no cash memo was filed. It was appeared that after the incident he came back to his destination and sent the letters to GRPF, Tatanagar on 09/10/2017, 12/10/2017 and to Railway Authority and filed a written complaint to the Falakata Police Station in this matter. From the side of the O.P it was not denied at all whether they have received any complaint from the side of this complaint or not. So from the entire case record we find that the complainant was a valid passenger of reserve compartment and during his journey he found that some strangers entered into the reserve compartment without any ticket. T.T.E or the Railway RPF did not perform their duties. Accordingly the complainant found his mobile phone was missing and it was definitely deficiency in service on the part of the Railway authority. T.T.E. is an employee of Railway Department, Police Authority is employee for protection of the passengers of the train. If they perform their duties correctly, there no such incident occurred. But we find there is the laches on the part of the Railway authority to perform their duties. In this regard the complainant refers a decision reported in II (2008) CPJ 370 (NC) Bala ChandraKant -Vs- Northern Railway wherein the Hon’ble Forum stated that “Person standing on foot board of adjacent exit door had snatched ornaments through window. Deficiency in service was alleged and compensation was awarded.” But this case is slightly different as because the mobile phone was missing inside the compartment by the person who entered into the compartment. But the complainant averred that there is deficiency in service on the part of the Railway Authority. He has referred another case law reported in III (2005) CPJ 427 (WB) Chief Commercial Manager, Eastern Railway -Vs- Abhishankar Adhikary wherein the Hon’ble Forum opined that T.T.E. had failed in performance of duties, and to exercise necessary care and caution to prevent entry of unauthorized persons in reserved AC-2 Tier Coach. Deficiency in service on the part of O.Ps was proved. As no direct evidence regarding value of stolen article was produce on record, hence, compensation was restricted to Rs. 10,000/- with cost. In another case reported in I (2003) CPJ 196 (NC) Union of India -Vs- Sanjib Dilsukhrai Dave wherein the Hon’ble Forum also held that where the luggage was stolen from the Reserve Compartment. T.T.E was responsible to restrain entry of intruders in reserved compartment was not available at the time of theft and he failed to performance his duties there is a gross dereliction on duty, and deficiency in service was prove . So from these case laws filed by the complainant it appears that when any article is stolen from inside the reserve compartment of the passenger there is deficiency in service from the part of the Railway authority as because their staff i.e. T.T.E was not performed their duties properly. So, here in this regard we find that the mobile phone was stolen from the reserve compartment where the complainant was travelling and there is a deficiency in service on the part of the Railway authority as because some strangers were entered into the reserve compartment and the T.T.E did not perform their duties properly. So, the complainant is entitled to get compensation from the Railway authority. These two issues are allowed in the favour of complainant.
Thus all the points are disposed of accordingly.
Fees paid are correct.
Hence, for ends of justice; it is;-
ORDERED
that the instantcase be and the sameis allowed on contest against O.P Nos. 4 and 5 with costs and dismissed against the other O.Ps. The complainant is entitled to get compensation of Rs. 4000/- for loss of his mobile phone which was used by him along with an interest of Rs. 8% from the date of filing of complaint till realization of the same. The complainant is entitled to get compensation for his mental agony of
Rs. 1,000/- and also to get litigation cost of Rs. 1,000/- . The O.P Nos. 4 & 5 are directed to pay the said compensation amount along with others within 30 days from the days of this order failing which the complainant will be at liberty to put this decree into execution according to law.
