Order-13.
Date-30/10/2015.
In this complaint Complainant Hargobind Choudhury by filing this complaint has submitted that he boarded Shipra Express being No.22911 from Bhopal on 15.02.2015 for reaching Howrah Station but noticed some unauthorized passengers roaming in the sleeper class and the gates of the coach remained open most of the time.Complainant tried to contact security persons and the TTE but nobody was there.When the train reached near Howrah station, complainant noticed two suitcases containing Mongal Sutra, gold earring, gold chain, cheque books, some valuable dress materials, Cannon camera, are stolen.Tranqulizer was sprayed on complainant and his family members.Though complainant lodged a complaint at Howrah GRP on 16.02.2015, stolen things were not recovered.Complainant prays for a compensation of Rs. 5,00,000/- for damages against goods.Due to improper security arrangements, goods are stolen.Accordingly to Indian Railway Act 1860, the ops are liable to give compensation.
Complainant prays for compensation of Rs.5,00,000/- only along with cost for causing harassment to complainant and his family members and for not giving proper service to the passengers on board.
In the written version, ops state that Railway is in no way responsible for the loss of luggage which a passenger chooses to keep with himself.Complainant’s luggage was stolen from the custody of complainant and it was not booked separately, it was never handed over to the Railways.So, Railways is not responsible for the loss of complainant under Provision 100 of Railway Act 1989.There is no such provision of compensation under C.P. Act if goods are stolen by intruders.Complainant may approach at Railway Claims Tribunal for compensation approach at Railway Claims Tribunal for compensation.
The ops denied all the allegations raised by complainants against them.The contentions of complainant’s are not admitted.The distance between Bhopal and Howrah by 22911 is 1736 K.M.The reserved coaches of the train are manned by on board ticket checking staff of different Zonal Railway Viz. Central Railway, North Central Railway, Western Railway, East Central Railway and Eastern Railway.Complainant has not included those zonal railways as ops in his complaint.So, it will not be possible for Eastern Railways to verify the contentions of complainant in respect of the availability of on-board ticket checking staff in the train during the entire run from Bhopal to Howrah.If it was a fact that in the reserved coach, there was none to prevent the unauthorized passengers, complainant could lodge a complaint by sending an SMS in the mobile No. 919717630981 from the train for immediate action.But complainant did not do so, so, the complaint of complainant is not admitted and the same are denied.All the allegations of complainant are imaginary.Complainant fails to place any documentary evidence to prove the complaints of complainant.All those allegations are false and vague.The process of lodging complaint through SMS has been notified in the leading newspapers for general awareness.The Government, Railway Policy is under respective State Government.Government Railway Policy, Howrah is under Superintendent of Police, Government of West Bengal, Howrah, but he has not been made one of the ops in the complaint petition.
The ops state that there is no deficiency in service on the part of the ops because complainant fails to show documentary evidences to establish the complaint.So, the complaint/petition is liable to be dismissed with cost.
Decision with reasons
On proper study of the complaint, the evidence in chief and written version and also the nature of defence as made by the ops, Railway Authority, it is found that complainant boarded the Shipra Express for arrival at Howrah from Bhopal on 15.02.2015 with some luggage in sleeper coach.He was to reach Howrah on the next day i.e. 16.02.2015.But in the meantime fromsleeper coach all his belongings were stolen by unidentified persons who were roaming in the sleeper coach having no reserved ticket.the suit cases contained valuable articles made of gold and costly dress materials.In spite of informing Howrah GRP, complainant did not get back his articles.
In reply of complainant’s Advocate’s letter, Chief Commercial Manager, Eastern Railway reported that railways take no liability of the personal luggage of the passengers which is not booked with the Railway unless it is proved that the theft took place due to negligence or mis-conduct on the part of the Railway on the alleged incident of theft.In this case, it is to be mentioned that luggage has always been defined separately from goods and this is because luggage carried in charge of passengers himself and Railway employees are not ready to take charge of the luggage which a passenger chooses to keep with him.A passenger purchased sleeper coach reserved ticket for himself.At night hours, the safety of the luggage must be given to the bonafide passengers, so that their luggage are not stolen or removed by unauthorized passengers.If Railway Authority fails to provide such service to the reserved coach passengers who availed of sleeper coach for their smooth journey, then they are answerable to the passengers but in this case Railway Authority fails to establish that there were guards in the said train.The unidentified miscreants looted articles, costly garments, dress materials, cannon camera, cheque book from the coach.In this regard judgement passed in FA No. 300/2014 passed on 10.02.2015 by State Commission West Bengal is relied.
As regards the alleged loss of the articles which were in the reserved S-7 coach with the passenger the complainant, the Railway Authority has tried to shift their responsibility by fixing it upon the complainant responsible for the loss of the same.But truth is that Railway Authority has failed to give any possible explanation under what circumstances from inside reserved compartments of a long distance trains,the articles of the passengers were looted and in fact reason for removal of those articles from the reserved S-7 coach has not been explained.Though the major responsibility rests on the ticket collector on different customers that is prevention intruders entering into the reserved compartments.No doubt the state of affairs of the entire Railway Administration has cut a sorry figure.But Railway Authority has tried to convince that they are not responsible and that is common defence in almost all the cases.But it is the collective picture in respect of the loss of articles by the passengers from the reserved sleeper coach compartments.
Regarding existence of such articles in the possession of the complainant, Railway Authority has tried to convince that there is no such proof.But fact remains that loss was caused and fact remains that complainant was not a daily passenger but he was returning from a tour and invariably in his possession, there were some valuable articles and no doubt it is a gross derelictionof duty on the part of the Railway Administration including the ticket collector, coach men including RPF because they are deputed or appointed for the purpose of protection and safety of the passenger and their commodities when it is expected that passengers are lying in sleeper coach at night and that safety in all respect is under the control of the Railway Authority and the staff deputed for their purpose.At the same time it cannot be expected that Railway Authority shall not have to take any positive measures against intruders getting access inside the reserved compartments at night and at the same time it cannot be expected in a reserved sleeper coach whole night the passenger shall have to watch about the employment of the intruders or unauthorized persons.Sleeper coach is meant for sleeping at night by the passenger and for that purpose coach is created and for which the hire charges or ticket fees etc. are being paid by the passengers.
So, it is the Railway Administration to prevent such unauthorized persons to enter into the reserved sleeper coach at night.But in the present case, it is proved that some intruders or unauthorized passengers entered into the sleeper coach and invariably within the knowledge of coach men and ticket collector and they after entered into the sleeper coach and looted away the complainant’s luggages and complainant reported the matter to GRP Howrah on arrival and about missing of articles but there is no denial on the part of the ops.
So, truth is that complainant as passenger of reserved sleeper coach lost his articles no doubt, valuable articles and that was caused due to negligence on the part of the Railway employees who are deputed for the purpose of giving safety to the passengers of reserved sleeper coach and no doubt for benefit of the Railway staff that is coach men, RPF and ticket collector, they allowed the intruders in the sleeper coach without any valid tickets by taking some bribe when said intruders managed to remove all those articles while the passengers were sleeping.
Anyhow in the present case the laches on the part of the op Railway Authority and their staff is well proved and at the same time for their negligent and deficient manner of service and for not rendering proper service during running of the train from one station to another station and for their negative attitude towards the bona fide passengers, complainant lost all those articles.
Considering all the above fact and materials, we are confirmed that the present complaint is filed by the complainant not for any criminal breach but for negligent and deficient manner of service and for not providing proper service.So, in all respect duty bound Railway Authority failed to give proper service or render proper service that is protection, safety in the night sleeper coach to the complainant and for that reason the complainant lost those articles.
So, it is proved that there was gross negligence on the part of the Railway Authority and for the laches of Railway Authority, the luggage were stolen on transit.It was not possible to lodge a complaint until and unless it is detected.So, after getting down at Howrah Station, complainant lodged complaint.
As per spirit of Railways Act, it is found that the luggage need not necessarily be booked by the passengers having valid ticket.So u/s 100 of Railways Act 1989, Railway cannot anyway claim that they have no responsibility even if the luggage was not booked by the passengers.Asbecause he is a bonafidepassenger of reserved coach of 22911 Shipra Express.The higher responsibility lies upon the Railway Authority to give all securities.But the Railway Authority denies the responsibility by saying that the luggage was not booked.Perhaps Railway Authority fails to notice that as per provision of 100 of Railway Act, Railway Authority is also responsible for non-booked luggage which are kept by the passengers during their journey.So, it is clear that Railway Authority is bound to give compensation for such stolen articles during their journey from Bhopal to Howrah and admitted fact is that their belongings were stolen near Dhanbad Station.In this case, Railway is silent about proper security arrangement.So, it is clear that there are too much negligent.
Moreover, Chief Commercial Manager, Eastern Railway states that the alleged theft occurred near Dhanbad Station, which is within the jurisdiction of East Central Railway.So, complainant ought to have appealed to that district forum, but complainant boarded the train from Bhopal, he was to get down at Howrah, so it is clear that he will lodge complaint at Howrah Station.It is not possible for him to get down at other stations for lodging complaint.So, Chief Commercial Manager, Eastern Railway has been made parties and this Forum is the appropriate Forum where complainant can appeal for redressal and the present Forum has the jurisdiction to decide it.
Ld. Lawyers of the ops state that complainant should approach to Railway Claims Tribunal but as per Railway Claims Tribunal Act 1987, the Tribunal shall decide 1) Loss or damage of goods entrusted for carriage, 2) Refund of fare and freight, 3) Compensation for death or indulge caused in certain circumstances during the course of journey but claim for loss of luggage Railway Claims Tribunal cannot decide the loss or damage etc. in respect of luggage kept in the custody of passenger on board.
In the light of the above observation and also considering the entire materials, we have gathered that it is a very painful and horrible picture presented before the Forum by complainant who lost luggage on board and it was caused due to gross negligence of the Railway employees.Fact remains that complainant did not get proper security and service from the Railway Authority during the journey for which Railway Authority is responsible and for which they are liable to pay compensation.In this case complainant cannot be evaluated in terms of money, still they are entitled to get some compensation, because the loss is unimaginable.Complainant did not get any response from the Railway Authority even after lodging of complaint.Though Indian Railway Complaint Management System was evolved, but no complaint is redressed properly.
In the result, the complaint succeeds.
Hence, it is
Ordered,
That the complaint be and the same is allowed on contest with cost of Rs. 10,000/- against the ops.
Ops are hereby directed to pay a compensation of Rs. 2,00,000/- to the complainant within one month from the date of this order for causing mental pain, agony, harassment and for their negligent and deficient manner of service rendered to complainant and his family members and also for loss of valuable articles and other goods for laches of the ops and their staff.
Ops shall comply the order by paying of Rs. 2,00,000/- as compensation + Rs.10,000/- as litigation cost in total of Rs. 2,10,000/- within one month from the date of this order, failing which for each day’s delay and for non-compliance and disobeyance of the Forum’s order, ops shall have to pay punitive damages at the rate of Rs. 200/- per day till full satisfaction of this order and if it is collected, it shall be deposited to the office of Forum by the ops.
Even if it is found that ops are reluctant to comply the order, in that case penal action u/s 27 of C.P. Act 1986 shall be started against them and further penalty of Rs.10,000/- shall be imposed as per law.
