Dr. A.N. Saxena, Member—The brief facts of the case are that on 28.6.92 the complainant Mr. Davinder Mohan Verma, resident of BG-7/58, Paschim Vihar, New Delhi, who is working as a Manager in the International Banking Division of Oriental Bank of Commerce, Connaught Place, New Delhi, had to go to New Delhi Railway Station in his Maruti Car No. DCC-4414 (Model-1987) to drop his family who were leaving for Yamuna Nagar by train.

2. It is stated that the complainant at about 1300 hrs. on 28-6-92 parked his Maruti car at the Railway Authorised Parking Centre, New Delhi. Towards this he was issued a parking slip No. 066905 by the parking attendant on duty. The parking slip given to him (Annexure ‘A’) shows a consideration of Rs. 3/- (Three only) which was to be paid at the time of taking the delivery of the car. It is further stated that the complainant after departure of his family came out of the Railway Station at about 1700 hrs. (as the train left the station late) and went straight to the parking stand to collect his car. On looking around for his car at the parking stand he was shocked to find that his car was nowhere in the parking stand. On enquiry from the attendant as well as other persons nearly no whereabouts of the car could be found out. The complainant even made a frantic efforts to find out the whereabouts of the contractor/incharge of the parking stand but no body could provide the information. The complainant had contended that having failed to get any clue about his car or about the address of the parking stand In charge, he was left with no alternative but to presume that his car had been stolen. He, therefore, filed an FIR No. 311 with the Police Station, Paharganj, New Delhi on the same day i.e. 28.6.92 under Section 379 of IPC.

3. The Police investigated the matter but could not trace out the car and they finally informed after three months to the complainant that it was not possible to trace the car and the case was being closed.

4. The complainant having not received any positive reply from respondent No. 1 about the loss of his car, issued a legal notice on 13.1.93. The present complaint was filed on 22-1-93. It is contended by the complainant that he had purchased the said Maruti Car No. DCC-4414 1987 Model from its original owner, for a consideration of Rs. 85,000/- only. Towards this purchase he had secured a part of the loan from his office, Oriental Bank of Commerce. The said vehicle was insured for Rs. 70,000/- for the car and Rs. 3,000/- for the stereo. The insurance cover was vaild for the period 21-3-92 to 20-3-93.

In order to substantiate his claim the complainant got the matter investigated by Associated Surveyors and Consultants (Pvt.) Ltd. 172, Anand Vihar, Delhi. Their report dated 510-92 (Annexure’D’) further bears out that it was an act of negligence on the part of the attendant on duty at the parking stand in handing over the car under disputte to some unknown person who opened the car from his bunch of keys and that he further failed to collect the parking slip from him. He also did not enquire about the ownership of the car from the person who collected the car.

5. On the grounds of deficiency of service and loss caused to the complainant he has taken the plea that respondent Nos. 1, 2 & 3 are jointly and severally responsibile for the loss suffered by him. It is further pleaded by the complainant Counsel that since the lease for the parking stand was given by respondent No. 1 (Northern Railway) and that the licensee, respondent Nos. 2 & 3 were acting as agent of respondent No. 1, the Northern Railway, are liable for the action of their agent, respondent Nos. 2 & 3. It is further contended that any one parking his car is doing so recognising it to be a Railway Parking Stand. It is further contended that since respondent Nos. 2 and 3 are operating the stand which belongs to the Railways as licensee only on payment of a license fee, respondent Nos. 1, 2 & 3 are jointly liable and should ma