DINESH AGRAWAL Vs. INDIAN RAILWAY & 2 OTHERS

JUDGEMENT

(1.) The petitioner/complainant and his wife boarded a reserved compartment of Train No.18241 namely Durg-Ambikapur Express on 17.12.2011 for travelling from Raipur to Ambikapur. According to the complainant, he kept a small handbag containing Mobile Phone, Jewellery worth Rs.68,686/- and cash of Rs.2,000/- along with cloths of his children. In the night intervening 17/18.12.2011 when the complainant and his wife were sleeping, the above bag is alleged to have been stolen. The theft was detected by them in the morning of 18.12.2011. The FIR with respect to the theft was lodged on 19.12.2011 at GPR, Police Station Bilaspur. Being aggrieved, the complainant preferred a complaint before the concerned District Forum seeking payment of Rs.75,000/- along with compensation etc.

(2.) The complaint was resisted by the respondent-Indian Railway primarily on the ground that there was no negligence on their part in rendering services to the complainant and his wife. It was stated that on being informed about the alleged theft, the TTE rendered all possible assistance to the complainant. Though the complainant had alleged entry of unauthorized passengers in the reserved coach, the said averment was denied in the reply filed by the Indian Railway.

(3.) The District Forum vide its order dated 27.07.2013 allowed the complaint and directed the respondents to pay Rs.73986/- along with compensation quantified at Rs.5,000/- and the cost of litigation quantified at Rs.1,000/-.