Decided on September 25,2013

Indian Railway And Ors Appellant
Anchal Garg W/O Sh Sanjay Garg And Ors Respondents


- (1.) THIS is an appeal under Section 15 of the Consumer Protection Act, 1986 against the order dated 09.05.2012 passed by the District Forum, Dehradun in consumer complaint No. 03 of 2010. By the order impugned, the District Forum has allowed the consumer complaint and directed the appellants opposite parties to pay to the respondent complainant compensation of Rs. 52,000/ - together with sum of Rs. 10,000/ - towards mental agony and Rs. 5,000/ - towards litigation expenses. The above amount was directed to be paid within a month from the date of the order, failing which the above amount was directed to carry interest @9% p.a. from the date of filing of the consumer complaint till payment.
(2.) BRIEFLY stated, the facts of the case as mentioned in the consumer complaint, are that on 08.08.2009, the complainant was travelling in train No. 4265 (Janta Express) from Lucknow to Dehradun in berth No. 17 of coach No. S -6 and her PNR number was 2362627129. In the morning of 09.08.2009 at about 5:30 a.m., when the train was between Kath and Seohara, some unknown thieves snatched the golden chain valuing Rs. 30,000/ - from the neck of the complainant and also took away her hand bag, which contained two mobiles, cash of Rs. 2,000/ -, two ATM cards, one PAN card, Advocate Registration, Tata AIG Licence and journey ticket. It was alleged that as soon as the train left Lucknow, some unauthorised persons entered in the reserved coach and the T.T.E. did not stop the said persons from entering in the reserved coach and the door was also not closed. It was further alleged that as soon as the golden chain and other valuables of the complainant were stolen, the complainant immediately made a complaint to the T.T.E., but no action was taken. The complainant lodged an FIR with the G.R.P., Dehradun, but her goods were not recovered. Alleging deficiency in service on the part of the opposite parties, the complainant filed a consumer complaint before the District Forum, Dehradun.
(3.) THE appellants filed written statement before the District Forum and pleaded that neither the complainant nor any other occupant of the said coach informed the said incident to the T.T.E.; that the complainant has claimed the excessive amount; that the responsibility of the safety of the goods carried by the passenger along with him / her during journey, is that of the passenger himself / herself and that there is no deficiency in service on their part. The District Forum, on an appreciation of the material on record, allowed the consumer complaint vide impugned order dated 09.05.2012 in the above terms. Aggrieved by the said order, the appellants have filed this appeal.;

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