A city court on Thursday rapped the Delhi Police and Delhi Metro Rail Corporation (DMRC) for not compensating a man whose bike was stolen from the parking area and warned of coercive action for non-compliance of its order.
The directive of the court, which gave them a “last opportunity” to compensate the man, came after it noted that both DMRC and police have not complied with its May 7 order directing them to pay a compensation of Rs 20,000 each to one Vivek Srivastava for theft of his bike from the Kalkaji Mandir Metro station parking in October 2010.
“Taking note of the fact that more than one month has elapsed since the order of compensation dated May 7, 2015, one last opportunity is granted to both Delhi Police and DMRC to strictly comply with the said order, failing which this court shall be constrained to take coercive measures including issuance of warrants of attachment against both authorities,” Metropolitan Magistrate Arvind Bansal said. The court also sought compliance report of its order from the Police and DMRC by July 30.
During the hearing, the police submitted that it was in the process of challenging the order while DMRC said it required some more time to decide whether to comply with or challenge the order. In its May 7 order, the court had noted that “negligence on the part of DMRC and lapse at the end of Delhi police caused victimisation of complainant who not only lost his means of conveyance but also obtained nothing from the insurance company. The loss suffered by complainant can definitely be compensated in monetary terms.” “The burden of such a compensation to the tune of value of motorcycle at the cost of harrassment suffered at the hands of public authorities should be placed upon the ones at the fault that is DMRC and Delhi police,” it had said.
The court had noted that although Srivastava had informed the police about the theft of his bike from the metro station parking area on October 25, 2010, the FIR was registered on November 17, 2010. The court had observed that DMRC was under a bounden duty to take reasonable care of the vehicles parked in its parking. “If the parking was not operational for any reason within or without control of DMRC, it was expected from DMRC to put necessary sign boards clarifying that parking at an unattended parking site of a metro station shall be at the risk of owner of vehicle,” the court said.
The magistrate had also directed the Joint Commissioner of Police to take action against a Delhi police inspector for failing to lodge the FIR within stipulated time after being informed about the theft of bike by the complainant. The court also noted that due to the delay in lodging of the FIR, the insurance firm had refused to pay the insured amount to the complainant citing delay.
Police has filed two closure reports in the case saying that neither the bike was traced nor was there any clue about the accused. The court had rejected both the closure reports and directed the police to conduct further probe.
In his statement recorded in the court, the complainant had said he was not satisfied with the probe and did not have any hope of getting the bike back after five years.