S. Coari, Member—The present Appeal has been directed against the judgment and order dated 30.9.2010 passed by District Consumer Disputes Redressal Forum, Kolkata, Unit-II, in Case No. CDF/Unit-II/C.C. No.405 of 2009 wherein the learned District Forum dismissed the petition of complainant on contest without any order as to cost.

2. The case of the Appellant/Complainant before the learned District Forum, in brief, was that on 21.10.2008 the complainant being accompanied by his wife was returning from Varanasi by availing 2334-Dn Bibhuti Express. The complainant was the bona fide passenger having purchased valid tickets for the journey According to the complainant, after boarding the train the complainant put his suitcase containing valuables including SBI ATM card belonging to his wife with the help of an iron chain underneath the berth occupied by them. It was the further case of the complainant that in the following morning it came to the notice of the complainant that the suitcase containing the valuables, etc. as mentioned, was missing as the same was taken away by some miscreants and/ or unauthorized persons after breaking the iron chain. Later on it also came to the knowle