NORTHERN RAILWAY Vs. NEETU GUPTA & ANR

JUDGEMENT

(1.) The complainant/respondent was travelling from Delhi to Howrah on 11.09.2012 in a reserved A.C. III Tier Coach. During the travel, complainant no. 2 was carrying 2 bags and complainant no. 1 was carrying a ladies purse alleged to be containing two gold kadas valued at Rs.1,50,000/-. Complainant no. 2 was also carrying a wrist watch, two mobile phones and cash amounting to Rs.19,000/-. When the train reached Mughal Sarai Station at about 06:15 am, a beggar woman boarded the coach in which the complainants were travelling and committed theft of the ladies purse being carried by complainant no.1. The aforesaid beggar woman was searched, apprehended and handed over to the railway officials. The matter was also reported to the Head T.T.E. This is also the case of the complainant that the coach attendant was not available in the coach from Delhi to Mughal Sarai. Alleging negligence on the part of the petitioner, the complainants approached the concerned District Forum by way of a consumer complaint, seeking compensation for the loss suffered by them.

(2.) The complaint was resisted by the petitioner who denied their liability relying upon the provisions contained in Section 100 of the Railways Act.

(3.) The District Forum having ruled in favour of the complainants and having directed payment of compensation quantified at Rs.1,41,000/- alongwith cost of litigation quantified at Rs.5,000/- and compensation for mental agony quantified at Rs.15,000/-, the petitioners approached the concerned State Commission by way of an appeal. The said appeal having been dismissed, the petitioners are before this Commission by way of this revision petition.