Notice under Consumer Protection Act for the death of a passenger due to falling down from the inter-compartment facility

……………………………….
……………………………….
Advocate(s)
……………………………….
……………………………….
Address(es)
……………….
 Date 
Regd. AD/UPC/Personal Delivery

To

1. The General Manager
Northern Railways, (in case of Zonal Railway); or
Union of India, (in case of any other Railway); or
The owner of the Railway 
………………………………………………..
………………………………………………..

2. The General Manager
Southern Railways, (in case of Zonal Railway); or
Union of India, (in case of any other Railway); or
The owner of the Railway 
………………………………………………..
………………………………………………..

Legal Notice

Sir,

Please take the following notice on behalf of my client(s) …………, R/o ……………..:-

1. That my above named client is the legal heir of the deceased (explain the relationship).

2. That the deceased got reserved the tickets Nos. …………………… dated ………………. of the 2nd sleeper class, for himself to go for an interview, at Y Railway Station, Northern Railway, to go to X Railway Station, Southern Railway by train number………….. (Name) on ………(Date).

3. That the said train was having the inter-compartment facility and while moving from one compartment to another the deceased fell down from the running train.

4. That the misfortunate happening took place because no safeguards were provided in the train for the purpose of inter-compartment mobility which amounted to gross negligence on your part.

5. That the deceased was in his youth age of ………………. years thus with life expectancy of at least ……………… years and was earning Rs. …………………. per month. He was married and was having two young children of the age of …………, studying at the standard of ……………….. in the school ………………… which requires at least Rs. ……………… for their own education and bringing up.

6. That the widow of the deceased i.e. my client, is an uneducated lady and is not employed anywhere, not would be able to get any job in the future.

7. That the deceased was the sole earning member of the family he belonged to, which is going to be ruined after his untimely death, and the same can be overcome only when they are given reasonable compensation.

8. That my client complained of all the incident vide letter dated………………. to the General Manager of the Railway (give the name of the Railway) but no response from the highest authority has been received till date for such mismanagement or the gross negligence, whatever may it be which amounts to deficiency in service under Consumer Protection Act, 1986.

9. That such conduct of yours amounts to gross negligence on your part and thus deficiency in service as under section 2(1)(g) of the Consumer Protection Act, 1986 as amended by the Consumer Protection (Amendment) Act, 1993 and the MRTP Act, 1969, respectively.

10. That such conduct of yours is compensable in law and the responsible officials are liable, jointly as well as severally, civilly as well as criminally under law particularly under the Consumer Protection Act, 1986 as amended by the Consumer Protection (Amendment) Act, 1993 and the MRTP Act, 1969.

I, therefore, hereby call upon you to refund all the price paid for the tickets, but also compensation for the loss of life of the husband of my client who was young and the only breadwinner of their family; and well as the mental agony of my client and her children; an amount of  Rs. ………….. together with Rs. ……………. towards the costs of this legal notice, within a period of two months  from the date of receipt of this notice failing which I have definite instructions from my client(s) to take appropriate legal action particularly under the Consumer Protection Act, 1986. You shall be held responsible for all costs and consequences for which please take this notice.

Yours faithfully,

S/d

Advocate

(Name)

Place :……….