GENERAL MANAGER Vs. PRASANTA KUMAR GANGULY

JUDGEMENT

(1.) This revision petition has been filed under Sec. 21(b) of the Consumer Protection Act, 1986 against the impugned order dated 19.2.2015, passed by the West Bengal State Consumer Disputes Redressal Commission, Kolkata (hereinafter referred as the 'State Commission') in First Appeal No. FA/300/2014, General Manager, Northern Railway and others Vs. Prasanta Kumar Ganguly and others, vide which, while dismissing the appeal, the order passed by the District Consumer Disputes Redressal Forum, Kolkata in CC No.341/2012, filed by the present respondent, allowing the said complaint, was upheld.

(2.) The facts of the case are that the complainant/respondent, Prasanta Kumar Ganguly is a retired school teacher who went on a trip to North India along with his family members during the period 26.10.2012 to 11.11.2012. He stated in his consumer complaint no. 341/2012 filed before the District Forum that he was scheduled to board Train No.12238, Jammu-Tawai-Varanasi Begampura Express from Ambala Cantonment Railway Station on 9.11.2012 and he had reservation in sleeper coach no. S-4. When the train reached the platform, he found that doors of the said compartment and some other compartments S-1, S-2 and S-4 were locked from inside and the said coaches were filled with unreserved passengers. He boarded S-5 coach which was mostly occupied by unreserved passengers. During the process, he found that three of his bags were missing. The next day on reaching Varanasi, he lodged an FIR with Government Railway Police (GRP), Varanasi and then boarded his reserved compartment S-1 of Vibhuti Express from Varanasi at about 6.25 p.m. for going to Kolkata. It is the complainant's own version in the consumer complaint that at about 2 a.m., during the train journey, his son-in-law found that their luggage was lying in tact. However, when they reached Kolkata the next day, they found one journey bag and two VIP bags, containing their garments, credit cards, ATM cards and cash of Rs. 11,500.00 were missing. They lodged an FIR with the Howrah GRP. On the same day, his daughter found that a sum of Rs. 25,000.00 had been withdrawn by somebody from the ATM outlet on her card. The complainant filed the consumer complaint in question against the Indian Railways, seeking directions to pay a sum of Rs. 62,000.00 for the loss of money and goods and Rs. 28,000.00 for mental harassment etc. and hence, demanded Rs. 90,000.00 in total.

(3.) The complaint was resisted by the OP, General Manager, Indian Railways by filing a written statement before the District Forum, saying that under Sec. 100 of the Railways Act, 1989, they could not be held responsible for the loss of luggage in train. They denied the allegations levelled in the complaint, saying that the train halted at Ambala Cantt for 18 minutes and during that time, their ticket-checking staff were standing in front of the doors and coaches and also available inside the train. They denied that the train was full of un-served passengers. It was also stated in the reply that if the complainant lost their belongings, it was due to their negligence only.