WESTERN RAILWAY Vs. PARULBEN GIRISHBHAI BHIMAJIYANI

JUDGEMENT

(1.) RESPONDENT herein had filed a complaint against tne appellant before the Consumer Disputes Redressal Forum, Rajkot (Addl.) which came to be numbered as Complaint No. 148 of 2005, claiming compensation of Rs. 15,000 with interest @ 15% from the date of filing of the complaint till realization alongwith Rs. 10,000 as damages for mental torture, agony and harassment. After giving opportunity to the parties concerned, the District Forum passed final order on 27.2.2008 wherein the complaint of the complainant has been partly allowed and awarded Rs. 11,950 with interest @ 9% p.a. from 3.5.2005 till realization. Being aggrieved by the dissatisfied with the same, the present appeal has been filed by the original opponent. For the sake of convenience, parties to the present proceedings will hereinafter be referred to be their original nomenclature.

(2.) FACTS of the Complainant's case briefly stated are as under.

(3.) THE complainant purchased railway ticket for herself and her daughter for travelling for Vadodara to Rajkot by Saurashtra Janata Express of 21,4.2005 and were allotted berth Nos. 33, 34 in Coach No. S/5. They boarded the said train at Vadodara alongwith one VIP bag containing clothes worth Rs. 4,000, cash of Rs.2,300 gold chain worth Rs. 8,000 and doll worth Rs. 250. According to the complainant, they occupied the berths allotted to them and were sleeping on the said berths after keeping their luggage on the berth opposite to their berth. The complainant woke up at 5 a.m. When she got up she found that the bag was not at the place where it was kept and was lost due to theft in running train. She, therefore, lodged complaint with the police at Rajkot railway station on the ground that it has been lost due to negligence and carelessness of the railways and ultimately she has filed the complaint for recovering the above stated amounts.