MAHENDRA GUPTA Vs. BRAJESH PAL SINGH

JUDGEMENT

(1.) The complainant while travelling from Jabalpur to Nagpur by bus along with his daughter-in-law kept his suitcase and 'peti' in luggage box built in the back of the bus. The complainant claims that clothes worth Rs. 5,000 and cash to the tune of Rs. 95,000 were kept in the suitcase. The complainant is running a business of gift items and the same were to be purchased from Hyderabad site and then sold. As he had to leave his daughter-in-law at Nagpur he went to Nagpur enroute to Hyderabad. On reaching Nagpur the opposite party Shri Brajesh Pal Singh returned only the Peti and not the suitcase and hence the complainant filed an FIR before the Nagpur City Police Station. As the amount was not paid the complainant suffered a loss to the tune of a lakh rupees. The complainant has prayed that Rs. 1,00,000 may be paid by the respondent and in addition Rs. 50,000 as compensation for mental agony suffered. Before the District Forum the Bank account statement was presented by the complainant whereby it was shown that he had withdrawn Rs. 60,000 on 11.7.2002 from the account of Smt. Malti Gupta and Rs. 15,000 from M/s. Maa Gift Centre. Whether this amount has been kept in the suitcase or not could not be proved. As the theft of the suitcase was due to the negligence of the opposite party, the District Forum held that the opposite party should pay Rs. 10,000 as compensation.

(2.) Dissatisfied with the order of the District Forum, the complainant went in appeal before the State Commission and a cross-appeal was also filed by the respondent. After hearing the parties the State Commission confirmed the order of the District Forum holding that compensation awarded by the District Forum is sufficient.

(3.) In this case, on the one hand, the complainant has stated that Rs. 95,000 in cash was kept in the suitcase and on the other hand, he has submitted that he and his family members had withdrawn Rs. 75,000 from the Bank. These figures do not tally. Secondly, for the clothes lost the complainant he has claimed Rs. 5,000. It appears that to make up a round figure of a lakh rupees, Rs. 95,000 in cash has been mentioned. In these days as thousand rupee currency notes are available, 100 notes can be carried easily in the lady's hand bag or in the pocket of the complainant. It is difficult to believe that such a big amount was kept in the suitcase. Be that as it may, the loss of suitcase is not disputed that it was in the boot of the bus and not with the complainant is also not disputed. The powers of National Commission in revision petition under Section 21(b) of the Consumer Protection Act are very limited: To call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any State Commission where it appears to the National Commission that such State Commission has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested, or has acted in the exercise of its jurisdiction illegally or with material irregularity.