This is an application u/s.12 of the C.P. Act, 1986.
The complainant by filing this case states that she along with her brother, Mr. Manoj Kumar Agrahari boarded ‘Doon Express’ to attend marriage party at Jampur, U.P., the parental house of the complainant. the complainant purchased two online tickets from Kolkata under Tatkal quota and they started for Jampur on 03-02-2014, having train No.130001, PNR No.6624110998 and coach No.S11 by boarding the train at 8-30 p.m. on 03-02-2014, but at about 3.30 a.m. to 4.00 a.m. on the next day, i.e. 04-02-2014 at morning hours they found that their red coloured suitcase was stolen. The stolen suitcase contained one gold chain, maang tika, four gold rings, two lockets made of gold, one pair of hanging earnings, two nose rings, one pair of baali, one mangal sutra, two pairs of payal, two pairs of silver bindia, Rs.22,000/- cash, lehenga-chunri, six sarees and other materials. Complainant’s brother searched for TTE and RPF personnel but he failed to find out any of them. Thereafter, complainant’s brother reported the entire incident to the customer care division of Eastern Railway bearing no.09910492205 but no step was taken by them. The complainant tried to lodge a complaint at the next major station Gaya, but failed because time was too short, and after that the complainant reached his destination on arrival at Jampur Station, the complainant lodged a general diary on 04-02-2014, being FIR No.03/2014 u/s.379 of the Indian Penal Code, but till date they did not get any information from GRP, Jampur or from the office of the OPs, the Eastern Railway. The complainant alleges that the Eastern Railway being one of the largest Government organizations is unable to provide adequate security to its passengers and goods in spite of taking a considerable amount as reservation charge and ticket charges.
Further the complainant alleged that in reserved compartments meant for the passengers who have paid reservation charges for availing of the reserved coaches and they are supposed to be secured and guarded by police. But at night hours, RPF hardly guards the passengers, and the outsiders enter in the reserved compartments with the knowledge of RPF and GRPS and TTE.
The complainant prays for directing the OPs to pay a sum of Rs.3,00,000/- (estimated cost of the stolen articles) for deficient service, negligent and casual attitude of the OP and also for directing the OPs to pay a sum of Rs.3,00,000/- as compensation and Rs.5,000/- as litigation cost and 15percent interest on claim amount till date of realization.
In the written objection OP states that the complaint is not maintainable in the eye of law because the petition is full OF misleading facts and all the statements are incorrect. The alleged cause of action never arose within the territorial jurisdiction of this Forum.
Further OP submitted that the Eastern Railway is Zonal Railway of Indian Railways and its jurisdiction is upto Chota Ambani station,and the alleged theft occurred outside its jurisdiction. The alleged theft took place between Kodarma and Paharpur Stations, which falls within the jurisdiction of East Central Railway, but the complainant failed to make East Central Railway, a party, though in that part of the journey where the complainant’s goods were stolen, were manned by the staff of East Central Railway. So, the Eastern Railway is not responsible and no question of deficiency of service by ER arises.
The complainant made a call to IRCTC for informing his condition, but he did not make IRCTC a party in his complaint petition.
Further it is submitted that Railway has no liability of the luggage of the passengers which is not booked with the Railway unless it is proved that the theft took place due to negligence or misconduct on the part of the Railway servant in pursuance of Section 100 of Railway Act, 1989.
As the theft took place outside the jurisdiction of Eastern Railway, the complainant cannot claim any compensation against the OPs.
Decision with Reasons
On proper study of complaint and the written objection and the Evidence-in-Chief it is found that the complainant along with her brother boarded Doon Express from Howrah Station on 03-02-2014 and she lost her luggage from the sleeper coach between 3-30 a.m. to 4-00 a.m. on the next day, i.e. 04-02-2014. They reached Jampur on that day and lodged a complaint after arrival at Jampur Station.
About loss of luggage during journey from Howrah to Jampur, it is revealed from the complainant’s version that the luggage was stolen in between Kodarma and Paharpur Station. In this case, the whole defence of the Railway is that the Railway authority has no responsibility for the luggage of the complainant carried by herself as per provision of Section 100 of the Railway Act, 1989, i.e. the railway administration cannot be held responsible for loss or damage etc. when luggage was not in the OP’s custody, the OP is not held responsible for its loss or damage. But as per Railways Act all luggage carried by the Railway need not be booked by the passengers though OP’s defence is that Railway has no responsibility if the luggage is not booked but if they responsible for all booked luggage but Railways Act speaks that in respect of such luggage as carried by the passenger and for all booked luggage the Railways are liable equally when a passenger has a reserved coach ticket even if a passenger chooses to keep his own luggage in their custody. In view of the above definition Railways is responsible in respect of luggage which a passenger chooses to keep in his own custody and in this case all the luggage were in the custody of the passenger and it was not booked separately. But the Ld. Lawyer of the OP perhaps fails to notice that the passenger bought sleeper coach reserved tickets for himself and for her brother. In this case, the word “sleeper coach” should be considered in its true spirit Sleeper coach means journey is for night hours and in sleeper coach the safety must be given to the bona fide reserved passengers during night hours so that their belongings must not have been stolen by others even after existence of Railway staff and Force. There must be guard in each coach during night hours. If Railway authority fails to provide such service to the passengers, then they are answerable to the passenger, who has bought sleeper coach tickets, where safety must be ensured. But Railway authority has failed to give any positive answer that there were guards when the valuable articles of the complainant was lost, moreover after incident they called RPF personnel and TTE, but she got nobody’s help, so it is clear that there was gross negligence on the part of the Railway Authority and for the laches of Railway authority, the luggage was stolen at dawn and the loss was caused on transit. The complainant lodged a complaint at the destination station, i.e. at Jampur Station.
As per spirit of Railways Act it is found that the luggage need not necessarily be booked by the passenger having valid passenger ticket. So, u/s.100 of Railway Act, 1989, Railway cannot anyway claim that they have no responsibility even if the luggage was not booked by the passenger but as because he is a bona fide ticket holder of a reserved compartment of sleeper coach S11 of Doon Express. The higher responsibility lies upon the Railway authority to give all securities, safety of their journey. But in this case, Railway authority casually submitted by mentioning Section 100 of Railway Act, 1989 that they have no responsibility because it was not booked. Perhaps the Railway authority fails to notice that as per provision of Section 100 of Railway Act, Railway authority is also responsible for non-booked luggage which are generally kept by the passengers during their journey. So, it is clear that the Railway Authority is bound to give compensation for such stolen articles during their journey by Doon Express from Howrah to Jampur and admitted fact is that their belongings were stolen between Kodarma and Paharpur Station.
Strict rule is that at night no outsider shall be permitted in sleeper coach but in this regard Railway is silent about proper security arrangements. Then it is clear that there were no guards so the outsider came and the entire journey of the complainant was unsafe within the knowledge of coach guard and TTE.
When the railway has received reservation charge for sleeper coach, then it is the responsibility of the Railway authority to give all service including safety, security and other amenities because one cannot believe that the sleeper coach is booked for the purpose of guarding their belongings by passenger whole night and for giving chance to the security guards and ticket checkers to enjoy whole night to sleep at some other places. Sometimes, it is also seen that the coach conductors permit some unauthorized persons in the reserved sleeper coach against an extra payment (bribe). It is a clear picture of corruption in Railway and nobody is here to control them. The passengers with valid tickets are not entertained by the railway staff and question of security is absent and it is the horrible picture of all the ticket holders in reserved coach for not giving proper service and for rendering negligent manner of service, Railway authority is completely responsible and no doubt for their negligence, articles were stolen, so, Railway Authority is responsible for negligent and deficient manner of service.
Considering all the above facts and circumstances and considering poor service of the Railway authority in sleeper coach at night hours particularly in train Doon Express from Howrah to Jampur the allegation is well proved and fact remains that there was/is no safety for journey by the passengers of any train in sleeper coach. Probably the Railway authority has tried to say that in sleeper coach at night the passengers shall have not to sleep to guard their articles and to give enough service to the ticket checkers and guards to sleep silently under direct security of non-sleeping passengers and horrible experience was acquired by the complainant in this journey and they got nobody’s response after repeated calls. It is not a stray incident but it is a common picture of all sleeper coaches. All the reserved coaches are occupied by unauthorized passengers. In the particular case, the negligence of Railway staff is well proved. For the loss of luggage the railway staff are responsible. So, they are bound to pay compensation.
Further OP has tried to say that such incident happened outside the jurisdiction of the Eastern Rail as such Eastern Railway is not liable for that but fact remains as per principles of law if any passenger starts from any station and during the period of the said continuous journey if any service is not provided by the Railway authority for that journey passenger can file case either at destination or at departure station also because it is the provision of law that on transit if any incident takes place the complaint may be filed either at destination or at starting point in view of the fact that after starting of train, after facing problem one must have to make grievance to the TTE, if it is not properly redressed in that case the passenger may file such complaint after arrival at his destination station so, she made a complaint at Jampur Station.
But it cannot be said that this Forum has no jurisdiction. In this regard, we have considered the fact that the office of Eastern Railway and the office of The General Manager, Eastern Railway are at Fairly Place, BBD Bag, which are within the jurisdiction of this Forum, so this Forum has the jurisdiction to decide such matter.
So, we are convinced that this Forum has jurisdiction to decide the dispute as claimed by the complainant. in this case, if any theft is committed by the miscreants on transit, this Forum has the right to deal with the matter.
In the light of the above observation we have gathered that a very painful picture of theft is depicted by the complainant and her brother who lost their luggage on board due to negligence of the railway staff on duty of Doon Express complainant did not get proper security and service by the Railway authority and for which they are liable to pay compensation but loss cannot be estimated in terms of money, because their loss is huge.
In the result, the case succeeds.
Hence,
Ordered
That the case be and the same is allowed on contest with cost of Rs.10,000/- against the OPs.
OPs are hereby directed to pay 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 the complainant a bona fide passenger of Doon Express in sleeper coach no.S-11 and also for loss of valuable jewelleries and other goods for laches of the OPs and their staff.
OP shall have to comply this order by paying Rs.2,10,000/- within one month from the date of this order failing which for each day’s delay and for non-compliance of this order of the Forum, Railway Authority shall have to pay punitive damages at the rate Rs.200/- per day till full implementation of this order, and if it is collected, it shall be deposited to this Forum by the Railway Authority.
Even if it is found that they are very much reluctant to comply the order, in that case penal action u/s.27 of the C.P. Act, 1986 shall be started against them and further penalty of Rs.50,000/- shall be imposed as per law.
