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2005 Supreme(Cal) 14

S.N.KAPUR, B.K.TAIMNI
SAVITRI AWASTHI – Appellant
Versus
GENERAL MANAGER, NORTHERN RAILWAY – Respondent


Advocates Appeared:
P.S.Vimal, RAMANAND RAO

TAIMNI, J.

( 1 ) THE petitioner was the complainant before the District forum, where she had filed a complaint alleging deficiency in service on the part of the respondent.

( 2 ) BRIEF facts of the case are that the complainant was travelling from kharagpur to New Delhi on 12. 12. 1994 in Neelanchal Express. Upon reaching delhi she found on 13. 12. 1994 that one brief-case containing valuables was missing. Complaint was lodged with the Railway Police and also with Railway authorities and when no reply was forthcoming, a complaint came to be filed before the District Forum, who upon hearing the parties dismissed the complaint taking advantage of Section 100 of the Indian Railways Act, 1989. On an appeal filed before the Delhi State Commission by the petitioner/ complainant, it was also dismissed by the State Commission, hence this revision Petition.

( 3 ) WE heard the Ld. Counsel for the parties at length. The cause of action, i. e. , loss of briefcase was attributed by the complainant to the lack of electricity in the compartment which was not found to be correct by the State commission and also the fact that under Section 100 of the Indian Railways act, it cannot be said to be



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