Per say - Justice Sunita Yadav, President.

This appeal by the appellant/complainant (hereinafter referred to as ‘complainant), is directed against the order dated 4.9.2017, passed by the District Consumer Disputes Redressal Commission No.1, Bhopal (for short ‘District Commission’), in complaint case No.775/2016, whereby the District Commission has dismissed the complaints filed by him.

2. Briefly put, the facts of the case are that on 10.7.2016, the complainant travelled from Habibganj to Rewa in A/c two tier of train No. 12185, Rewanchal Express. It is alleged that due to lack of security of Railways, some anti-social elements stolen his VIP suitcase, along with Rs.3,00,000/- in cash, two watches, I-phone etc. Therefore, alleging deficiency on the part of opposite parties-Railways, the aforesaid complaint was filed by the complainant seeking relief.

3. Respondents-Railways resisted the complaint and in their reply before the District Commission submitted that the Apex Court in Special Leave to Appeal No.34738-34739/2012 order dated 2.7.2013 has settled the principle that under Section-100 of Indian Railways Act , the Railway is not responsible for the luggage which not booked, as t