The East District Consumer Disputes Redressal Forum held the Delhi Metro Rail Corporation (DMRC) negligent in providing services to the complainant, relying on the noting of the station master of Rajiv Chowk Metro station, where the incident had occurred two years ago.
The station master had specifically stated in his noting that he had checked the x-ray machine and found that the gap between the first roller and the conveyor belt was very less and if anyone put his thumb there it could be dragged into the gap.
The noting also said that the security control room had been immediately informed to arrange a mechanic to increase the gap to avoid such an incident.
"Taking into consideration the detailed discussion and observations made above, we hold respondent (DMRC) negligent and deficient in providing services to the complainant and direct it to pay Rs 10,000 to him towards compensation for the mental pain he had undergone and it shall include the cost of the present litigation," a bench presided by N A Zaidi said.
The forum, however, declined to grant reimbursement of medical expenses and compensation for the complainant recovering fully, saying he had neither filed the bills nor taken follow-up treatment for his injury.
The order came on the complaint of East Delhi resident, S L Bhardwaj, who was injured while he was picking up his bag from the x-ray machine prior to boarding a metro from Rajiv Chowk to Preet Vihar.
DMRC in its defence had contended that the complainant's suffered the thumb injury because he inserted his hand into the machine, instead of waiting for the bag to come out on to the rollers outside.
It also said that he had been given first aid and that he had refused service of an ambulance to take him to a hospital.