UNION OF INDIA Vs. KU CHITRA SHARMA
MADHYA PRADESH STATE CONSUMER DISPUTES REDRESSAL COMISSION
UNION OF INDIA
Ku Chitra Sharma
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(1.) THIS appeal is directed against the order dated 25 -1 -2011 passed by the District Consumer Disputes Redressal Forum, Bhopal in C.C. No. 425/2007. The short facts leading to the controversy between the passenger and the Railways are that the respondent was travelling by Bhopal Express on 25 -5 -2005 from Bhopal to Hazrat Nizamuddin in AC -II coach. During midnight, when she had gone to toilet after keeping her bag on the berth and when she returned she found that there was no attendant or TC and some unknown miscreant had taken away her bag. In the bag, she was carrying Rs. 5,000/ - cash, mobile and spectacles, which some one had decamped with. She, therefore, filed a complaint against the Railways for reimbursement of loss by paying adequate compensation. The District Forum examined the case and directed the appellant -Railways to pay Rs. 23,550/ - to the respondent towards the loss occasioned to her on account of negligence of the Railways and to pay Rs. 5,000/ - for mental agony. The sum of Rs. 1,000/ - was directed to be paid towards costs. It was made explicit that if the amount is not paid within one month, it shall bear interest @ 9% p.a. from the date of the order.
(2.) WE have heard learned Counsel for the parties and have gone through the record. We find that the valuable articles in the bag if examined from correct perspective could not exceed Rs. 15,000 and, therefore, we set aside the order of Rs. 23,550 and direct that Railways shall pay Rs. 15,000 to the respondent towards loss with interest @ 9% p.a. in addition to Rs. 5,000 for mental agony and Rs. 1,000 for cost. With this modification in the order passed by the District Forum, the appeal is finally disposed of.;
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