GENERAL MANAGER, NORTHERN RAILWAY BARODA HOUSE, NEW DELHI Vs. SACHIN MITTAL S/O. SH. M.C. MITTAL, C/O. O.P. GUPTA, B

JUDGEMENT

(1.) This Revision Petition, by the General Manager, Norther Railway, is directed against the order dated 15.11.2016, passed by the State Consumer Disputes Redressal Commission, Delhi (for short "the State Commission") in First Appeal No.04/2013. By the impugned order, the State Commission has reversed the order dated 26.7.2012, passed by the Consumer Disputes Redressal Forum-II, New Delhi in Complaint Case No.265/2007. By the said order, the State Commission had dismissed the Complaint preferred by the Petitioner, alleging deficiency in service on the part of the Railways in not compensating him for the loss of two suit cases, while travelling in a reserved coach from Lucknow to New Delhi on 2.9.2000, on the ground that the Complainant had failed to prove that he was carrying the luggage and had taken due care and caution for protecting it.

(2.) The short controversy before the State Commission was whether the Complaint, alleging deficiency on the part of the Railways in allowing unauthorized persons in a reserved compartment, resulting in theft of the suitcases was maintainable against the Railways, in the teeth of Sec. 100 of the Railways Act, 1989, which reads as follows :

(3.) The stand of the Railways in its written version was that since the baggage in question had not been booked against a receipt, it was not liable to compensate the Complainant for the said loss on account of theft.