SOUTH WESTERN RAILWAYS Vs. PINKY GUPTA

JUDGEMENT

(1.) THE "deficiency in Service" alleged by the complainant is that the Railways did not provide safety in the Reserved Compartment as a result of which the complainant lost two suitcases which were chained to the Berth.

(2.) THIS appeal is by the appellant/opposite party (for short, "o. P. ") challenging the order dated 21. 5. 2007 passed by the District Consumer Forum, Bangalore Urban II Additional, in Complaint No. 3083/2006, by which the District Forum has allowed the complaint filed by the respondent/complainant.

(3.) THE case of the complainant is that she and her two minor children travelled from New Delhi to Bangalore by Rajdhani Express on 24. 10. 2005. The ticket purchased by her was a confirmed one and she was allotted Berth No. 35, which was later converted into Berth No. 36. Her case is that she had chained two suitcases underneath the berth and during journey both the suitcases were lost. According to her somebody stolen the suitcases after cutting the chain and in this regard she gave a complaint to the Train Superintendent. The complainant has produced an acknowledgement for having given the complaint. The case of the complainant is that since she was travelling in a Reserved Compartment a duty is cast on the Railway Authorities to provide safety not only to the passengers but also to the luggage of the passengers. In the instant case, according to the complainant, if the Railway Department had provided some safety there would not have been any scope for a third person to enter the Reserved Compartment and take away the suitcases belonging to her.