GENERAL MANAGER (GENERAL) NORTHERN RAILWAY & ANR. COMPLAINT MAIN OFFICE, BARODA HOUSE NEW DELHI Vs. LAKHANJI PURWAR S/O LATE SHRI KRISHAN MURARI

JUDGEMENT

(1.) The respondent, namely, Lakhanji Purwar went on pilgrimage to several places, in a group consisting of the members of Durga Sankirtan Mandali, Meerapur. Group booking for the members of the aforesaid organisation was made by the organizers, namely, Shree Durga Sankirtan Bhajan Mandali. While travelling from Amritsar to Allahabad, the complainant and his wife travelled on Berth No.52 and 53 of Train No.8102, namely, Muri Express, on 27.7.200. The complainant locked the suitcase and two bags he was carrying, by an iron chain and kept the same under Berth No. 52. When he woke up at 2.40 a.m., one Sardar Mukhtiar Singh was found sleeping on the floor between Berth No. 49 and 52, while a lady passenger accompanying Mukhtiar Singh was sleeping on Berth No.49. The aforesaid two passengers who allegedly did not have reservation to travel in the aforesaid train did not leave the apartment, despite having been asked by the complainant to do so. No passenger with a reserved ticket boarded the compartment in which the complainant and his wife were traveling. The alleged unauthorized persons who entered the compartment told the complainant that they had talked to the TTE of the train. When the complainant woke up at Ghaziabad, he found his suitcase and one of the bags which he was carrying stolen after cutting the iron chain. An FIR at the GRP Ghziabad was then lodged by the complainant. He served a notice upon the petitioners demanding compensation for his loss. His demand having not been acceded to, he approached the concerned District Forum by way of a consumer complaint.

(2.) The complaint was resisted by the petitioners who claimed that Berth No. 52 and 53 in compartment in S-8 were reserved in the name of Mrs. K. Kanta and Mr. S.P. Manchanda whereas Berth No.48 was reserved for Sardar Mukhtiar Singh. The petitioners also alleged that no passenger boarded the train along with Mukhtiar Singh. The petitioners denied any responsibility for the theft of the articles of the complainant. It was also the stand taken by the petitioners that they were responsible for the safety of only that luggage which is duly booked with them.

(3.) The District Forum vide its order dated 21.5.2008 allowed the complaint and directed the petitioners to pay a sum of Rs.22,000/- to the complainant along with compensation quantified at Rs.5,000/- and the cost of litigation quantified at Rs.1500/-.