CHIEF COMMERCIAL MANAGER, EASTERN RAILWAY Vs. INDRANEEL DHAR

JUDGEMENT

(1.) This revision is directed against the order of the M.P. State Consumer Disputes Redressal Commission, Bhopal (in short, "the State Commission") dated 22.9.2015 in first appeal No.15/125 whereby the State Commission declined to condone the delay in filing of appeal by the petitioner department and as a consequence dismissed the appeal as barred by limitation.

(2.) Briefly stated, facts relevant for the disposal of the revision petition are that the respondent/complainant filed a consumer complaint in District Forum, Indore alleging that on 18.4.2009 he travelled from Indore to Howrah in the reserved compartment and during the course of his journey his luggage containing valuables and jewellery etc. was stolen. It was alleged that on noticing the theft when the complainant approached the T.C. (the attendant of the reserved coach) and asked for the complaint book, the complaint book was not available. Ultimately, when the train stopped at Howrah junction the report regarding theft was lodged with the police. According to the complainant the opposite party by failing to ensure adequate security arrangement has committed deficiency in service. Thus, the complaint. The opposite party resisted the complaint and denied any deficiency in service on its part.

(3.) The District Forum on consideration of pleadings and the evidence allowed the complaint and directed the petitioner/opposite party to pay to the complainant a sum of Rs.79,213/- on account of the loss due to theft besides compensation of Rs.3,000/- was awarded for mental harassment and Rs.1000/- were granted as litigation expenses.