MANJU ROY CHOUDHURY Vs. S E RAILWAYS

JUDGEMENT

(1.) Complainant/petitioner undertook journey from Tata Nagar Junction to Puri Junction on 7.7.2004 by 8474 Dn. Utkal Express in Sleeper Class reserved Coach No. S-6 on berth No. 9 as a bonafide passenger. At about 10 p.m. she found that her goods and valuables were missing. She approached the T.T.E. but he did not pay any heed. Since she was going for attending the 'Shradh' ceremony of one of her near relation and was in mental agony, she could not lodge the written complaint with the police. She lodged the complaint on 4.8.2004 after returning from Puri. The complaint was filed before the District Forum claiming compensation for the goods lost.

(2.) The respondent, on being served, entered appearance and contested the complaint, inter alia, on the ground that the complainant was herself negligent with regard to her articles and the allegation of theft was concocted and fabricated. That since she had neither booked her articles nor had paid freight, she was not entitled to invoke the provisions of the Consumer Protection Act. That she did not file any complaint either with the police on the way or even before the Station Master on termination of her journey at Puri Junction. That she also failed to produce any documentary evidence regarding quantity and price of the stolen articles in support of her claim.

(3.) District Forum, after taking into consideration the pleadings and evidence led by the parties, allowed the complaint and directed the respondent to pay Rs. 89,700 towards value of lost articles along with Rs. 3,000 as compensation. Rs.2,000 were awarded by way of costs.