Mr. Justice S.A. Kader, President—This is a complaint under Section 17 read with Section 12 of the Consumer Protection Act.

2. The Complainant travelled from Madras to Khammam on 31.8.1989 by Grand Trunk Express in the sleeper coach with his luggage i.e., an Aristocrat Suitcase which contained some important documents. He went to sleep keeping the suitcase behind his head and when he woke-up at about 2.15 a.m. on 1.9.1989 he found the suitcase missing. He preferred a complaint to the Traveling Ticket Examiner and to the Police. The stolen suit-case has not been recovered. According to the Complainant there were deficiency of service and negligence on the part of Railway Administration in not taking proper care of his luggage. He claimed compensation in the sum of Rs. 1,92,420/-.

3. The claim is resisted by the Opposite Party Railways. It contended that the railways is not responsible for the theft of the personal luggage belonging to the Complainant which was exclusively in his personal custody. It was not entrusted to the railway, the petition’ must therefore fail.

4. The complainant has lost his personal luggage while traveling in the Grand Trunk Express. The personal luggage i