V RAJASHEKAR ASST COMMERCIAL SUPERINTENDENT Vs. K N PRATAP KUMAR

JUDGEMENT

(1.) This appeal is directed against the order dated 26.3.1991 passed by the District Forum, Bangalore in Complaint No.457/1990 on its file.

(2.) It arises in this way : -The appellant was the opposite party and the respondent was the complainant before the District Forum and they will be referred to as such hereafter. On 21.8.1990, the respondent was travelling from New Delhi to Bangalore by Karnataka Express train. He had four pieces of luggage consisting of two cartons, one VIP brief case and one hand bag. He got them weighed at the New Delhi Railway Station. They were found to weigh 70 kgs and a slip was given to him as per exhibit A1 (a ). He delivered it to the official at the counter who issued him the receipt as per exhibit A1. Exhibit R-1 is the copy of that receipt given to the complainant. The complainant paid Rs.100/- as per that receipt. On the way at Hindupur, the Asstt. Commercial Superintendent of the opposite party got the luggage of the complainant weighed. It was found to weight 90 kgs. On the request of the complainant his luggage was again weighed at the platform of Railway Station at Bangalore, and it was found to weigh 90 kgs. Since the said weight of the luggage was in excess of the weight said to have been booked at New Delhi, a sum of Rs.812/- was collected from the complainant in accordance with rules. According to the complainant, he was penalised due to the fault of the New Delhi Railway Station Authorities. Hence he filed a complaint before the District Forum for recovery of Rs.812/- collected from him as penal charges.

(3.) The opposite party resisted the complaint by contending inter-alia that there was no mistake in weighing at New Delhi; that the complainant must not have given all his articles for weighment at New Delhi that the complainant must have added some more articles on the way and that the collection of Rs.812/- as penal charges is proper.