UNION OF INDIA Vs. R P PRAJAPATI

JUDGEMENT

(1.) The complainant/respondent booked a railway ticket for travel from Allahabad to Ambala Cantt. in a 1st class Coach on train no. 4517, Unchahar Express, on 20.01.2001. He was allocated Cabin No. 'A' in Coach No. 'F' of the aforesaid train. According to the complainant, he was the only bonafide passenger whose seat/berth was reserved in the aforesaid coach, cabin and train on 20.01.2001. This is also the allegation of the complainant that the attendant of Cabin No. 'A' in Coach No. 'F' of the aforesaid train allowed several passengers to travel in the aforesaid cabin, at Kanpur, in an illegal manner, after taking money from them. The complainant was carrying a suitcase containing cash, cloth etc. with him. The said suitcase was secured by him, using an iron chain for this purpose, by tying the iron chain around the iron bar of the berth which was allocated to him. When the complainant woke up in the morning of 21.01.2001, on the train reaching Aligarh Railway Station, he found that his suitcase containing cash, cloth etc. had been stolen after cutting the iron chain. The matter was brought to the notice of the Railway officials and eventually to the police. An FIR under Section 379 of IPC was registered at New Delhi Railway Station on 21.01.2001. Alleging negligence on the part of the Railway officials, the complainant approached the concerned District Forum seeking compensation to the extent of Rs. 68,000/-.

(2.) The complaint was resisted by the petitioner primarily on the ground that no unauthorised passenger was travelling in the train and there was no negligence on the part of the Railway officials.

(3.) Vide its order dated 15.07.2011, the concerned District Forum directed the petitioners to pay a sum of Rs. 15,000/- to the complainant as compensation alongwith a sum of Rs. 1,000/- towards the cost of litigation.