LAWS(NCD)-2023-5-90

NORTH WESTERN RAILWAY Vs. RAVI LODHA

Decided On May 12, 2023
North Western Railway Appellant
V/S
Ravi Lodha Respondents

JUDGEMENT

(1.) This appeal under Sec. 19 of The Consumer Protection Act, 1986 (the 'Act 1986') is in challenge to the Order dtd. 15/5/2019 of the State Commission in complaint no. 35 of 2012.

(2.) We have heard the learned counsel for the appellant (the 'railways') and for the respondent (the 'complainant'). We have also perused the record, including inter alia the State Commission's impugned Order dtd. 15/5/2019 and the memorandum of appeal.

(3.) Briefly, as evinces from the material on record and the appraisal made by the State Commission, when on 15/2/2011 the complainant and his family members were travelling on reserved berths in an AC second class coach from Delhi to Udaipur via Kota, his briefcase containing jewellery, cash, etc. went missing. He initially gave first information to the police in Udaipur and subsequently got a first information report of theft registered in Kota. The police submitted its report in the court of the concerned judicial magistrate inter alia stating therein that nothing could be recovered.