Title - Railways to pay family Rs 78,000 for stolen bag

MUMBAI: The Maharashtra State Consumer Disputes Redressal Commission, while upholding a district forum order, held the Western Railways guilty of deficiency of service after Rs 48,000 was stolen from an Andheri-based family on a Delhi to Mumbai train in 2007. The commission directed the railways to pay an additional Rs 10,000 as costs along with Rs 68,000 as compensation ordered by the district forum.

Chiding the railways, the commission said, "The Indian Railway has published a citizen charter explaining its responsibility towards the passengers. However, the charter remains on paper. If the charter is implemented in its spirit, such incidents will not occur."

In December 2007, the complainants, DD and Savita Bhalla, were travelling from Delhi to Mumbai in an AC two-tier compartment of the Paschim Express. At 4am, they realized that their purse was missing and it was later found in the toilet. However, Rs 48,000 was missing from the bag and the matter was reported to the coach attendant. An FIR was filed and the matter investigated.

The chief security commissioner of the RPF filed a report and found the concerned attendant guilty of being negligent. In 2009, the Bhallas filed a complaint in the forum seeking compensation from the railways. The railways contended that it was not responsible for the passengers' luggage and as such arrangements have been made through the RPF and GRP for the safety of passengers. The railways also said the Bhallas had not adduced any evidence of carrying cash. The railways also argued that the IRCTC, which it said was an independent body and responsible for the theft, should be made party to the complaint.

In December 2011, the forum directed the railways to pay the stolen amount along with Rs 20,000 compensation.

Aggrieved, the railways filed an appeal with the state commission.

The commission, however, said that both the IRCTC as well as the RPF are part and parcel of Western Railway and it is difficult for the common man to differentiate between IRCTC, RPF and Western Railway. The commission also said that the FIR is evidence to prove that the respondents had lost Rs 48,000. The commission observed that the attendant's negligence amounted to deficiency in service.

Builder to pay Rs 50L for failure to give flat

The Maharashtra State Consumer Disputes Redressal Commission directed a builder to pay Rs 50 lakh compensation for failing to hand over a flat and garage to two allottees of a plot developed at Andheri. M/s Build Well Constructions will also pay the complainants, Gilroy and Floyd Castro, Rs 25,000 towards costs of complaint.

The Castro brothers, with their late mother Maureen, were the allottees of a plot by Nutan Shanti Priya Co-operative Housing Society Ltd. The trio had entered into an agreement with the builder to redevelop the plot in 2000. The builder agreed to give them Rs 80,000 and four flats, each measuring 700 sq ft, and four garages. On Maureen's death in 2001, allotment and membership of the society was transferred to the brothers. In 2005, the builder handed over three flats alongwith three garages. However, he did not hand over the fourth flat and the garage and did not even compensate them for it.

The brothers filed a complaint with the commission in 2007. The commission ruled that since the builder had sold the fourth flat to a third party with the garage, it should grant the Castros compensation according to current rates.