PRADEEP CHOPRA Vs. GOLIATH DETECTIVE PRIVATE LIMITED

JUDGEMENT

(1.) Not feeling satisfied by the order dated 21.1.2010 passed by the State Consumer Disputes Redressal Commission, Rajasthan, Jaipur (hereinafter called the State Commission) in Appeal No. 728/2009, the complainant/petitioner has approached the National Commission through the present revision petitions. The petitioner herein was the complainant before the District Forum Camp, Jaipur in Complaint No. 63/2009 (303/2007) which was decided by the District Forum on 2.4.2009 holding the opposite party jointly and severally liable and directing them to pay within two months from the date of its order the complainant a sum of Rs. 10,000 as damages for mental agony and monetary loss and Rs. 3,000 as cost of litigation.

(2.) Cross appeals were filed by the complainant against the OP 1, 2 and 3 (the respondents herein) on the one hand and by OP 1 and 2 against the complainant and the Society on the other, before the State Commission against the order of the District Forum. These appeals came to be disposed of by the State Commission by a common order dated 27.1.2010 which has been impugned by the complainant/petitioner through the present petition. By its impugned order, the State Commission enhanced the total amount of damages and cost of litigation from Rs. 13,000 to Rs. 50,000 lump sum payable to the complainant in one instalment.

(3.) Briefly put, the facts of the case are that the petitioner is an Officer of the United India Insurance Company and in that capacity he was living in one of the flats purchased by the Company and allotted to him in Jawahar Enclave Society in Sector 2 of Jawahar Nagar at Jaipur (respondent No. 3 herein and hereinafter called the Society). The Insurance Company was paying the maintenance charges on behalf of the complainant to the Society in respect of the flat allotted to the complainant in the Society. On its part, the Society had engaged the respondent Nos. 1 and 2 (OPs 1 and 2) for providing service of watch and ward in the Society and they were being paid for these services by the Society. For this purpose, the respondent Nos. 1 and 2 were deputing their security guards to the premises of the aforesaid Society. On 2.8.2006, a theft took place in flat No. B-504 wherein the petitioner was residing. The petitioner lodged an FIR with the police immediately after theft on the same day and list of stolen articles was given to the Jawahar Nagar Police Station. On 6.10.2006, petitioner served a notice on the security agency demanding payment of loss sustained by him during the theft but it is submitted by the petitioner that the security agency neither made any payment nor gave any reply. The petitioner thereafter filed a complaint before the District Forum on 13.2.2007 and prayed for the award of Rs. 4,00,000 being cost of stolen articles and Rs. 1,00,000 being compensation for mental torture and tension and Rs. 11,000 as cost of litigation. As indicated above, the District Forum partially allowed the complaint and awarded a compensation of Rs. 13,000. On appeal, the State Commission enhanced the amount of damages from a total of Rs. 13,000 to Rs. 50,000 lump sum in one instalment to be received by the complainant/petitioner and two months time was allowed to respondents for compliance of the impugned order. Through the present revision petition, the petitioner has prayed for passing of appropriate orders by this Commission for awarding him adequate compensation for the loss sustained by him on account of lack of security and hence the deficiency in service provided by respondent Nos. 1 and 2 and the Society along with interest @ 18% p.a. from the date of theft till the amount is realized and the cost of this revision petition throughout.