Ref. No............
DATED:
To,
1. NORTHERN RAILWAY ZONE
DELHI RAILWAY DIVISION
REGISTERED ADDRESS AT:
Divisional Railway Manager Office,
State Entry Road Railway Colony,
Near New Delhi Railway Station (Pahar Ganj Side),
Pahar Ganj, New Delhi – 110002.
2. SOUTH EAST CENTRAL RAILWAY ZONE
BILASPUR RAILWAY DIVISION
REGISTERED OFFICE AT:
Divisional Railway Manager Office,
South East Central Railway,
Bilaspur, Chhattisgarh,
Pin –495004.
Sub: Legal Notice for Claim of Compensation for Parcel Damage
Under Section 106 of The Railway Act 1989.
Dear Sir/Madam,
I Aman Prabhat Singh (Complainant/Consignee) refer a claim on The Northern
Railways Zone Delhi Railway Division and for the damage to my parcel, do
hereby serve the Legal Notice:
1. That the Complainant/Consignee is an Advocate practicing in Delhi District
Courts and Delhi High Court and is presently working as an Associate Advocate
with Advocate Vishnu Dutt Sharma at Tis Hazari Courts Complex and belongs
from Korba, Chhattisgarh. Currently residing at H. No. 344 3 rd floor Bhai
Parmanand Colony, Dr. Mukherjee Nagar, North-West District, New Delhi –
110009.
2. That you the Addressee no. 1, under which the jurisdiction of Hazrat
Nizam-ud-din Railway Station falls, functions under the Category A-1 of
Delhi Railway Division of Northern Railway Zone and Addressee no. 2,
under which the jurisdiction of Korba Railway Station falls, functions
under the Category Non-suburban of Bilaspur Railway Division of South
East Central Railway Zone, both of which are regional zones, divisions and
railway stations of Indian Railways. Indian Railways is a stated-owned
enterprise that is organized as a departmental undertaking of the Ministry of
Railways of the Government of India and operates India’s national railway
system.
3. That the Complainant/Consignee had booked parcel service of two-wheeler/bike
(Company: Yezdi Model: Roadster) through Indian Railway Parcel Service from
Korba Station (KRBA) to Hazrat Nizam-ud-din Railway Station (NZM).
Railway Receipt i.e. Parcel way bill/Luggage ticket of the said parcel was
generated on 01 st January 2025 with PRR No. 2021962749. The parcel was
loaded in train no. 18237 Chhattisgarh Express from Korba Railway Station on
02nd January 2025.
4. That the Railway Receipt of the said parcel which was provided by the Parcel
office of Korba Railway Station was sent by my brother from Korba Railway
Station through a train attendant who handed over the railway receipt of the said
parcel at Hazrat Nizam-ud-din Railway Station to Complainant. The cause of
action for filing this complaint arose when the said parcel was to be received on
03rd January 2025 but due to delay of 9 hours the train reached/arrived at Hazrat
Nizam-ud-din Railway Station on 4 th January 2025 at 5:02 am.
5. That the Complainant/Consignee Aman Prabhat Singh who was there at Hazrat
Nizam-ud-din Railway Station to receive his Consignment/Parcel could not
receive his parcel due to the negligence of the unloading staff of the parcel office
they forgot to unload the said parcel at Hazrat Nizam-ud-din Railway Station,
the location of the said parcel was not known to the unloading staff whether the
parcel was in the parcel van on the engine bay side or at the rear end side of the
parcel van of the train and the excuse for this mistake and negligence was that it
was under a huge pile of parcels loaded in the parcel van from Agra Junction in
the respected train, hence the parcel unloading staff were not able to unload the
said parcel, the following expression and excuse shows the level of negligence
towards the parceled goods and also shows the disrespectful behavior towards
their duty by the parcel office counter staff and unloading staff. It's the duty of
the parcel office management and staff that the concerned parcel should be
arranged as per unloading at alternate station of parcel i.e. station wise
systematic arrangement of parcel.
6. That the Complainant/Consignee took immediate action after this incident of
non-receiving of the said parcel and complained about the incident to the parcel
office located at Hazrat Nizam-ud-din Railway Station. The staff of the parcel
office assured that the said parcel will be returned from Sahibabad, the next
station after Hazrat Nizam-ud-din Railway Station, today i.e. on 04 th January
2025. But on 04 th January 2025, my brother, whose mobile number is registered
with the parcel, received a message that the said parcel has been overcarried and
has been unloaded at Amritsar Junction at 6:55 pm.
7. That the Complainant/Consignee again visited the parcel office and explained
the entire situation to the counter no.3 staff, instead of listening to our queries
the counter no.3 staff started raising his voice without giving proper reply to our
queries and threatened like a street goon and told the Complainant/Consignee to
do whatever he wants to do and complain about this incident to some senior
officer “I don’t care about your parcel or anyone else”. This following incident
happened in front of my cousin Harshit Singh who is a witness to this incident.
After this incident the Complainant/Consignee lodged a complaint to the Station
Master of Hazrat Nizam-ud-din Railway Station on 04 th January 2025.
8. That the station master assured that the said parcel will be loaded on 05 th January
2025 by train no. 18238 Chhattisgarh Express from Amritsar Junction.
9. That the said parcel was received on 05 th January 2025 at 7:00 pm but was in a
damaged state. The damage was deliberately caused by the employees of the
parcel office of Hazrat Nizamuddin Railway Station, who were angry over a
complaint lodged against the parcel office by the Complainant/Consignee.
10. After the occurrence of the following incident, the Complainant/Consignee
went to the two-wheeler/bike service center and after proper assessment of the
damage, he received an estimate of Rs 50,000 /- (Fifty Thousand Rupees) for
the repair and replacement of the damaged parts. The table given below shows
the damage caused to the said parcel i.e. two-wheeler/bike (Company: Yezdi
Model: Roadster).
S.No. Description of damages
1. Bike front visor
2. Bike handle bar bent from left side.
3. Bike left side multi-function switch gear, multi-controller and
turn indicators switch left side not functioning properly.
4. Bike front suspension preload adjuster damaged
5. Bike handlebar clamp
6. Bike clutch lever and clutch lever adjuster damaged.
7. Bike left side tool kit compartment damaged.
8. Bike rear mudguard and fender damaged.
9. Bike pillion back rest and pillion seat damaged.
10. Bike tail light damaged.
11. Bike rear turn indicators both damaged and one missing.
12. Bike rear number plate lamp damaged.
13. Bike rear number plate damaged.
14. Bike front shocker bent and bearing bent.
11. That due to gross negligence and inefficiency of parcel unloading staff; no
proper management of parcel office. The Complainant/Consignee suffered
mental and physical harassment, monetary loss and damage of Rs. 60,000/-
(Sixty Thousand Rupees).
12. Under the circumstances, we call upon you the addressee no. 1 & addressee no.
2 to make immediate payment of Rs. 50,000/- (Fifty Thousand Rupees)
towards the cost of repairing the damage caused to two-wheeler/bike and Rs.
10,000/- (Ten Thousand Rupees) towards the mental and physical harassment
caused to Complainant/Consignee due to repeated visits from Mukherjee Nagar
to Hazrat Nizam-ud-Din Station Parcel Office regarding information and the
necessary steps taken by the Parcel Office to return the said parcel and to pay
the cost of this legal notice of Rs. 5000/- (Rupees Five Thousand).
13. In case you the addressees, fails to pay the above-mentioned payment within 15
days of the receipt of this notice. The Complainant/Consignee would be
compelled to take following legal actions and consequences on your cost
File a complaint case under Section 106 Railways Act 1989 in Railway Claims
Tribunal against you the adressees for compensation of damage and therefore
you are liable for prosecution and punishment. Copy of this notice is kept for
further reference and record. We hope good counsel would prevail upon you
and you shall take necessary steps to obviate all legal action against you.
AMAN PRABHAT SINGH
(ADVOCATE)
