UNION OF INDIA Vs. KAVITA MADAN

JUDGEMENT

(1.) REVISION petition has been filed against the order dated 15th October 2012 passed by the Madhya Pradesh State Consumer Disputes Redressal Commission, Bhopal in appeal nos. 72 of 2011 and 2166 of 2010 filed by the respondent whereby both the appeals were dismissed. The brief facts of the case as given by the respondent/complainant are that the respondent has gone to Muzaffarnagar along with her two daughters Prachi and Bhagi and father -in -law Kishan Lal Madan to attend a wedding ceremony. The respondent purchased tickets on 06.02.2008 from petitioner no. 3 for the return journey from Muzaffarpur on 18.02.2008 in train no. 1123. She got reserved tickets nos. 49, 50, 51 and 52 for herself and her family.

(2.) ON 18.02.2008 respondent went to Muzaffarpur Railway Station along with her two daughters and father -in -law for the return journey by train no. 1123 in coach no. S 3 on reserved seats no. 49 to 52 and the journey was to start at 05.00 p m. When the train started from Muzaffarpur and reached Sonepur Railway Station at about 02.00 a m most of the passengers were asleep. At this time 5 -6 boys boarded the train and after sometime they broke the chains which were attached to the suit cases and they collected the suit cases at the gate of the train. At this time, the respondent woke up and raised a cry and other passengers also woke up. At this the boys threw the suit cases from the running train and when the train slowed down they jumped out of the train. Her father -in -law gave a complaint of this incident to the guard at Chapra Railway Station. The guard told him to inform the TT. But there was no TT available in the train. Her father -in -law tried to lodge the complaint at Chapra Junction, Lucknow junction and Bara Banki station but as the stoppage time was less and they had children with them, they could not lodge the complaint. Out of the eight suit cases stolen by the boys, the respondent had three suit cases of VIP make in blue colour. One was of 36 ", the second was medium and the third of small size. In the big suit cases there were five suits, six sarees and woolens as well as gold jewellary which included 1 gold necklace, 2 rings, 2 tops, 2 ear rings and four bangles weighing about 10 tolas. The second suit case contained 5 sets each of cloths of the 2 children, 4 sweaters. The third suit case contained 4 trousers, 4 shirts, 1 coat other clothes and the passbook of saving account no. 10504757769 of State Bank of India, Murrar. The total value of the goods was about Rs. 1.00 lakh.

(3.) THE District Consumer Disputes Redressal Forum, Gwalior (MP) vide order dated 17.08.2010, while allowing the complaint ordered that "the opposite party is directed to pay Rs.50,000/ - within 30 days to the complainant failing which they will have to pay interest @ 9% per annum. The opposite party will also pay Rs.1,000/ - towards cost of the expenses incurred. The complaint is closed ". Aggrieved by the order of the District Forum, two appeals were filed before the State Commission. Appeal no. 2166 of 2010 was filed by respondent/complainant for enhancement and the second appeal no. 72 of 2011 was filed by the petitioner for setting aside the order of the District Forum. The State Commission "dismissed both the appeals with no order as to costs ".