The District Consumer Disputes Redressal Commission recently directed Indian Railways to compensate a passenger with over ₹1.08 lakh for negligence in service after her luggage was stolen during a train journey. The commission, presided over by Inder Jeet Singh and member Rashmi Bansal, reviewed a complaint lodged by a passenger whose bag containing valuables worth ₹80,000 was stolen in January 2016. The alleged theft reportedly took place when the passenger was traveling in a reserved coach on the Malwa Express. She was allegedly robbed between the state of Jhansi and Gwalior.
The commission’s order that was was issued on June 3 emphasised that the railway’s duty includes providing a safe and secure journey, which encompasses the protection of passengers’ belongings. The passenger, who boarded the train from New Delhi had to face a great deal of challenge as her luggage was stolen by unauthorized passengers.
“It was the duty of the railways for safe, secure and comfortable journey as well as safety and security of belongings of passengers,” the complaint stated.
The Indian Railways, in response to the commission’s ruling, argued that the passenger had been irresponsible with her luggage and stated that the stolen items were not booked officially. However, the commission rejected this argument and in turn affirmed its jurisdiction over the case since the journey had started in New Delhi and continued to Indore, within its territorial bounds. Additionally, the office of the opposing party fell within the commission’s jurisdiction.
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The commission highlighted the passenger’s struggle to register an FIR, stating, “The manner in which the incident occurred, followed by the complainant’s efforts to register an FIR and seek investigation, caused significant inconvenience and harassment as she pursued her legal rights.”
The ruling established that the complainant had sufficiently demonstrated negligence and deficiency in service by Indian Railways, as her belongings were stolen despite holding a reserved ticket. The commission concluded, “Had there been no negligence or deficiency in services on the part of the opposite party or its staff, there would be no such incident. There is no other defence or evidence to deny the value of the articles being carried by the complainant during her journey, therefore, the complainant is held entitled to reimbursement of loss of ₹80,000.”
In addition to the reimbursement, the commission awarded the complainant ₹20,000 for the inconvenience, harassment, and mental agony suffered, along with ₹8,000 towards litigation costs.
