ABDUL MOMIN KHAN Vs. INDIAN RAILWAY AND OTHERS

JUDGEMENT

(1.) This appeal is directed against order dated 21-10-09, passed by District Consumer Disputes Redressal Forum, Bilaspur (hereinafter called "District Forum" for short) in Complaint Case No. 119/07, whereby the complaint of the appellant herein for compensation on account of deficiency in service, resulted in theft of articles of the appellant from a reserved compartment, has been dismissed.

(2.) The appellant filed complaint before District Forum to the effect that on 24-4-06, he was travelling in Utkal Express and was coming towards Bilaspur. His family members were also there. They were travelling in reserved compartment No. S-8 and were having four berths. In the morning, between Sagar to Katni it was found that suitcase of the complainant was missing and some miscreants have committed theft of the suitcase, though it was put below the berth under chain and lock. Immediately report was lodged to the police, but no information could be gathered. That suitcase was containing some ornaments, camera and clothes valuing Rs. 35,000/-, so the complainant filed complaint before District Forum claiming compensation for the deficiency in service in not providing proper safety and for mental agony.

(3.) The respondent, in its written version, has denied its liability, in view of provisions of Section 100 of the Railways Act. It has also been averred that the complainant himself was negligent and had not taken care of his luggage though the Railway has arranged sufficient measures for security of passengers and for their luggage. It has also been averred that under the provisions of Section 15 read with Section 13 (1) (a) (ii) of the Railway Claims Tribunal Act, 1987, the compliant is not maintainable before District Forum.