UNION OF INDIA Vs. VIKASDEEP SHARMA

JUDGEMENT

(1.) REVISION petition no. 627 of 2013 has been filed against the order dated 30.07.2012 passed by the Punjab State Consumer Disputes Redressal Commission, Chandigarh ( 'the State Commission ') in appeal no. 237 of 2007. The brief facts of the case as per the respondent/complainant are that the respondent in relation to start the business of mobile repair and to buy things/ spare parts relating to mobile complaint had made reservation of his seat from Pathankot to Delhi with return ticket from Delhi to Pathankot. The respondent had made reservation of railway ticket from Pathankot for 12.12.2005 with return ticket of 14.12.2005. The respondent at the time of reservation asked the employee of the petitioner/complainant to make reservation of any train going to Delhi with return ticket with reservation and the petitioner issued a ticket of Jammu Mail and the train in which his seat was reserved in Jammu and reached Delhi in this train.

(2.) AFTER reaching Delhi the respondent bought many articles/ spare parts relating to mobile and the respondent also got repaired the two mobile set which he had bought from Jammu for repair. The respondent bought spare parts of mobile and other articles relating to worth Rs.31,930/ - from T and S Telcom Pvt. Ltd. (a house of spare parts) and also bought other spare parts and articles relating to his business from other shops worth approximately Rs.15,000/ -. After purchasing all these things at the time of starting his journey from Delhi, the respondent had in his bag spare parts of mobile worth Rs.31,930/ - plus Rs.15,000/ - as stated above, two mobile sets one his own (Nokia 6800) and other of Samsung which he had taken for repair and in his hand bag/ suitcase he has also bought two new sarees worth Rs.16,165/ - which he had taken to show to her sister. The weight of the hand bag was approximately 25 to 30 kg. Before starting the journey the respondent has to suffer much at the hands of the employees of the petitioner at Delhi Railway Station due to wrong mentioning of the name of train on his reserved ticket and after making much effort he came to know about his train in which he has his reserved seat. The respondent also requested them to book his luggage but they refused to do so. The respondent then bought a chain and lock from the railway station and sat in the train on his reserved seat in reserved compartment. The respondent tied his bag to his reserved seat with chain and lock. During his journey at night time, the respondent slept on his reserved seat. At about 02.10 p m during night the respondent got up from his sleep. The respondent also woke up other passengers and enquired about the bag but to no avail. There was no TTE or any coach attended or any RPF constable present in the reserved compartment. The shutter of this compartment were also closed and it had no link with the other compartment. The respondent stopped the train by pulling the chain. The doors of the compartment remained open whole night and there was no coach attendant present whole night in the compartment to prevent the entry of unauthorized persons in the reserved compartment and to lock the compartments doors for security when train was in motion. Even there was no watch by TTE on the passengers entering and detraining from reserved coach/ compartment of complainant. During the entire night many unauthorised persons without reservations were also entering and detraining in the reserved compartment of the respondent and there was no one to stop them or to lock the doors of the compartment of the respondent at night. The bag of the respondent was stolen due to deficiency in services on the part of the petitioner and their employees. Even the constables came 10 minutes after pulling of the chain by the respondent in his compartment. The employees of petitioner had no form to write a complaint regarding theft of respondent 's luggage/ hand bag and due to this respondent had to break his journey at Bhogpur and then went to Jalandhar and filed the complaint regarding the theft of his luggage/ hand bag. The respondent also sent an application to DRM Northern Railway in this regard to take action and to compensate him but of no avail. The respondent had paid Rs.11,000/ - to a customer for mobile he had carried for repair. The articles and other things as stated below worth Rs.81,795/ - was present in the luggage/ hand bag when it was stolen. The details are as under:

(3.) THE District Consumer Disputes Redressal Forum, Gurdaspur (the 'District Forum ') while allowing the complaint directed the "opposite party/ petitioner there being merit in the complaint, the same is hereby allowed and opposite party is directed to pay Rs.81,795/ - to the respondent/complainant within one month from the date of receipt of order of this Forum failing which the complainant shall entitled to interest at the rate of 9% per annum from the date of order of this Forum till the recovery of the whole amount ".