D.RAJASEKAR REDDY vs General Manager, Southern Railway

THE complainant is a Reader in the Department of Geology, Andhra University, Visakapattnam. He applied for certain foreign assignments and he was selected in the first round of interview and he was to be interviewed again at Bangalore on 18.1.1996. For that he was travelling from Visakapattnam to Bangalore via Madras in the train, Coromendal Express and reached Madras on 16.1.1996 at 18.00 hrs. Since he was to go to Bangalore in the night train he deposited his two brief cases in the Cloak Room in the Madras Central Station at 18.30 hrs. When he went back to the Cloak Room around 20.30 hrs. to get back the briefcases, to his utter shock he was informed that they had been delivered wrongly to some other person. A police report was given but it was of no use. According to the complainant he had kept in his briefcases passport, certificate of marks and other certificates. His further case is that though he could manage to reach in time for the interview in Bangalore he could not present himself suitably with all necessary documents. For this reason, the complainant could not get foreign assignment. THE complainant would further state that his brief cases were new ones und each would cost Rs. 800/-. He had kept besides the passports, certificates and other papers in the brief cases, 3 pairs of pants and shirts, bed sheets, towels etc., the cost of which comes to Rs. 3,600/-. He would further says that he suffered mental agony which he estimates at Rs. 5,000/- and also say that if he had got the foreign assignment, even in 3 years he would have earned a sum of Rs. 9,60,000/- but due to the negligence on the part of the opposite parties he had lost all these things. On these grounds the complaint was filed.

THE opposite parties contended that under the rules the Railways are not liable for any valuables kept in the luggages. THEy would further say that there was no deficiency in service on their part and therefore they are not liable to pay any amount to the complainant. The point for decision is whether there was any deficiency in service on the part of the opposite party and if so what relief can be granted to the complainant.

It is not in dispute that the complainant had deposited 2 brief cases of his in the Cloak Room and they were not returned to the complainant. It appears according to the opposite party the brief cases had been wrongly given to some other person. This would clearly constitute deficiency in service on the part of the opposite party. The question is what relief can be granted to the complainant. Obviously the complainant has lost his 2 brief cases. He has stated in the complaint that they are new ones and each of them is worth Rs. 800/-. This is not specifically repudiated in me written version. Therefore safely a total sum of Rs. 1,600/- can be awarded for the loss of the brief cases. Then the complainant''s case is that he had kept 3 pairs of pants and shirts, bed sheets and towels. It is not in dispute that the complainant was travelling from Visakapattnam to go to Bangalore via Madras for an interview. It can be easily believed that he should have .had the said things namely 3 pairs of pants and shirts, bed sheets and towels. He has estimated the value of these things at Rs. 3,600/-. We do not see any reason as to why this should not be believed. Therefore this amount of Rs. 3,600/- also can be awarded. Then according to the complainant he has suffered mental agony which he would value at Rs. 5,000/-.There is no doubt that when the complainant was informed that his suit cases had been delivered to some other person wrongly, he should have had a terrible shock and agony. Certainly he would have had a terrible time to go to Bangalore for interview without even the basic necessities like pants & shirts, bed sheets and towels. Therefore his claim of Rs. 5,000 / - for mental agony appears to us to be quite reasonable and that also can be awarded. Apart from mis we do not think that he can be awarded any other amount. Apart from his own version mere is no evidence to show what other things the brief cases contained. Hence no question of giving any award for the alleged loss of any other things besides the said clothes bed sheets and towels arises. From this it would follow that the complainant''s claim that he would have earned high income as stated in the complaint if he had been selected in the interview and got the foreign assignment is without merit.

IN the result, therefore, the opposite parties are directed to pay a total sum of Rs. 10,200/- to the complainant. We also direct the opposite parties to pay a sum of Rs. 1,000/- as cost of this proceeding. We further order that the said sums shall be paid to the complainant within one month from today. Complaint allowed with costs.