Notice under Consumer Protection Act where the train was looted due to poor security arrangements

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……………………………….
Advocate(s)

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……………………………….
Address(es)

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 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 
………………………………………………..
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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,

I have to serve you with the following notice instructions from and on behalf of my client(s) …………, R/o ……………..:-

1. That my abovenamed client(s) got reserved the tickets Nos. …………………… dated ………………. of the 1st  class, for himself and his family members, at Y Railway Station, Northern Railway, to go to X Railway Station, Southern Railway by train number………….. (Name) on ………….(Date).

2. That my client(s) boarded the train the train started traveling. While the train was passing by Valley of Chambal, suddenly a number of dacoits appeared who demanded all the belongings from all the passengers including my client(s) at the gun point. All the passengers had no option but to hand over all the belongings including the jewellery.

3. That at the time when the train was looted all the security guards disappeared and when the dacoits went away, they came into picture and started asking as to what had happened. When my client(s) asked them not to play drama, the security men mishandled my client(s).

4. That it appeared that the loot was all pre-planned and was, therefore, in connivance with the Railway personnel without whose support the train could not have been looted.

5. That in routine, in all the trains which passed through the Valley of Chambal, strong guards used to provide security as on such routes and possibility of such occurrence is quite high. Knowing fully well that the route required strong security in the train, very few guards were put on duty that too who never restrained the occurrence of such events.

6. That the manner in which all these events took place reveals that it would have been very difficult, if not impossible, had some of the high rank officials of the Railway not been in connivance with those who looted all the train.

7. That thereafter my clients had no option but to wait for the next station i.e.……….. (Name of the station) so that the same could be complained of to the Station Master there.

8. That my clients complained of all the incident vide their 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.

9. That due to your deficiency in service the whole of the tour of my client(s) has been spoiled and valuables worth Rs. ………………… have been taken away.

10. 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 it also amounts to connivance with the wrong-doers in the loot, dacoity, etc. as under the Indian Penal Code, 1860.

11. That such conduct Railway Administration and the 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 Indian Penal Code, 1860.

I, therefore, hereby call upon you to reimburse all the cost of all the valuables so taken away by the dacoits amounting to Rs. ….……… with compensation for discomfort mental as well as physical agony and paid i.e., 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)