This is an application u/s.12 of the C.P. Act, 1986.

          Complainant by filing has submitted that she alongwith her wife and infant daughter were travelling by 13000 UP, Howrah-Dehradun Express on boarding the train from Burdwan Station on 14-12-2012 in 3A Coach having ticket no.44608049, PNR No.641-2368736 while the coach no. was B-2 and seat no.52 was allotted to the complainant and seat no.54 was allotted to his wife and with them there were four luggage – two big size red-coloured suitcase (locked), one Aristocrat Company another Alfa Company and two others were one Gents black-coloured hand bag(unlocked) and another Ladies red-coloured hand bag(unlocked) and those two big suitcases were kept in the space just below the lower berth where complainant remained asleep and both the hand bags were with them where they were asleep. 

          On boarding at the train they took their seat and therefore they got asleep and at around 4.55 a.m. on 15-12-2012 suddenly they awakened and found at the underneath of the berth the said suitcases were missing when the train arrived at Goya Station.  When complainant was confirmed that the theft has been committed in respect of the said article during course of train journey that was noticed at Goya Station and they lost everything and that were on their way to Haridwar, Uttarakhand, which was their place of destination and they had no measure to cope up with the winter as jackets, mufflers, warm cloths, shocks, caps etc inside the said suitcases which were lost in course of journey.  Thereafter, another co-passenger in the same compartment identified that they had also lost their luggage and nothing was left with them also. Immediately, complainant rushed to the TTE in charge and narrated the entire incident and also demanded the complaint book for lodging complaint against such type of dreadful incident but it was very painful that for a long period of time that complaint book was not give to the complainant and the TTE did not show any sympathy for that for such loss.

          Ultimately at around 7.30 a.m. he lodged complaint and also submitted a FIR addressing to the Officer-in-Charge, GRP, Mughalsarai as suggested by the said TTE, Sri Neeraj Kumar and all the papers were handed over to him against receipt of acknowledgements which are attached with this complaint.  The particular incident caused several troubles because they had lost all items which were required for such journey including dresses, utensils, camera, baby food, warm cloths, medicines, liquid cash and all other things which were in the said two suitcases.         After lodging FIR with the Railway Police, he was waiting for a response from them but it was in vain but ultimately he made an application by Registered Post before the General Manager, Eastern Railway and Divisional Railway Manager, Howrah Division, Eastern Railway on 06-02-2013 praying for therein adequate compensation against the loss he suffered in their journey.  But complainant received a letter on 19-02-2013 from S. Balasubramanian, ASC/HQ & PS(I/C) by which he was requested to make further correspondence with the competent authority of the Eastern Railway that as per direction of the same he made several applications by registered posts to General Manager, East Central Railway and Chief Security Commissioner, East-Central Railway on 28-02-2013.  But in this case too he got no response that he waited for more than one month and finding no other alternative complainant compelled to make this complaint before the Forum for negligent and deficient manner of service of the Railway Authority to an AC ticket holder having a passenger of Reserve Coach because as a passenger of reserve seat and coach the journey shall be safe, protected, caring, pleasant and enjoyable but in reality complainant’s journey became a horrible experience causing financial loss, mental agony, harassment and that was caused for careless and apartheid attitude of the attending officers of the Railways and the TTE, coach conductor etc. and the entire trip became painful for the very irresponsible and unsympathetic behaviour of the Railway staff and authority and the loss has substantiated by the complainant cannot be measured by numerical value and as a customer and consumer complainant filed this complaint for proper relief and compensation for causing harassment etc.

          On the other hand, the Railway Authority by filing written statement submitted that the complainant did not mentioned the actual size of the luggage when the luggage was of branded company as mentioned and further submitted the missing of luggage took place within the jurisdiction of E.C. and further submitted that alleged incident appears to have been occurred beyond the territorial jurisdiction of Kolkata so the complaint is not maintainable before this Forum. Further it is submitted that the Railway Administration shall not be responsible for the loss, destruction, damage, deterioration or non-delivery of any luggage unless a Railway servant has booked the luggage and given a receipt.  Therefore, in case of luggage which is carried by the passenger in his charge, unless it is to be proved that the loss, destruction, damage or deterioration was due to the negligence or misconduct on its part or on the part of any of its servants and ultimately submitted that of such article Railway is not liable and this complaint is not maintainable and same shall be dismissed.

Decision with Reasons

No doubt on meticulous study of the complainants and written version including the defence of the OP Railway Authority it is found that it is undisputed fact that complainant along with the family availed of the train being no.13009 up Howrah-Dehradun Express and they boarded the train at Burdwan Station on 14-12-2012 in 3A coach and their ticket number was 44608049, PNR No.641-2368736 and coach no. was B-2 and the seat number was 52 in the lower berth and 54 in the upper berth.  So, considering that fact it is proved beyond any manner of doubt that the present complainant was the passenger of AC sleeper coach and journey was during night hours and admitted position is that on the way at about 4.50 a.m. when complainant woke up i.e. on 15-12-2012 he found that two suitcases were stolen from the AC coach when the train arrived at Gaya Station and invariably that theft took place before that observation made by the complainant.

          About loss of luggage during journey from Burdwan to Goya there is no denial that the same were lost but the main defence of the Railway Authority is that they had their no responsibility as the luggage of the complainant was not booked as per provision of Section 100 of the Railway Act, 1989 and also on the ground the responsibility of luggage has also been defined separately from goods and since the luggage were not booked, there was n o responsibility of the luggage when passenger chooses to keep goods in his own custody.  So, as per provision of Section 100 of Railway Act, 1989 there is no responsibility of the Railway Administration and Ld. Lawyer for the Railway authority relied upon such sort of principle of law.

          But in this regard we have heard the argument of the complainant a WBCS Officer and also after relying upon his submission including the provision of law we have gathered that the present passenger purchased AC Sleeper coach ticket and they have their valid ticket in the AC coach and at the night invariably it was safe coach and such a safe coach is very safe for night journey and safety of the passengers are always a subject of the Railway Authority in respect of AC Coach and there was no question of giving any unauthorized person to enter and at the same time the Railway Authority staff i.e. AC Coach Conductor, TTE are duty bound to give safety and if Railway Authority fails to provide such safety to the bona fide reserved AC passengers to avail of such smooth journey at night in that case no doubt the Railway Authority is responsible.  But it is truth that valuable articles were stolen along with the luggage and no doubt for that reason complainant suffered much and his entire journey was practically closed on the way.

          Further considering the written version it is clear OP has no such defence about theft of said articles and no doubt complainant lodged complaint before the GRP Mughalsarai as suggested by TTE Shri Neeraj Kumar and although paper was submitted by the complainant in this complaint and in respect of this there is no denial but only defence is that the luggage were not booked by the complainant for which the Railway Authority has no liability and in this regard we have gone through second part of the Section 100 of the Railway Act, 1989 wherefrom  it is found that luggage need not necessarily be booked by the passenger having valid passenger ticket and in view of the provision of the Railway Act luggage may be either carried by the passenger in his charge or entrusted to the Railway Authority to avail carriage.  But nature of responsibility shall be same in respect of both cases because as per Railway Act Railway Authority is carrier as an insurer of all the luggage of the valid ticket holders the passengers.  So, considering the entire fact we are confirmed that the nature of responsibility are the same both in case of luggage and goods when it is booked or not.  But as per settled principle of law the higher responsibility lies upon the Railway Authority to give all securities and safety of the journey of the passengers.  But in this case Railway Authority casually submitted a written version, evidence in affidavit claiming that they have no responsibility as because the luggage were not booked.  Probably the Railway Administration has taken such pleas in all the cases only to discharge their liabilities.  But it should be kept in mind that TTE and Coach Conductor are in the AC Coach for preventing intruder of unauthorized person of coach during the journey and complainant was travelling in a reserved AC coach and it was the duty of the TTE and guard to enter that no intruders entered into Rail compartment and in this regard from one ruling reported in III (2003) CPJ 469 (NC) we have gathered that complainant and his wife and daughter were travelling in AC reserved coach and suitcases were stolen from said coach at night hours and then it was the duty of the TTE to ensure that no intruders entered into reserve compartment and failure on the part of the Railway Authority to prevent intruder or unauthorized person is no doubt deficiency in service.  Further considering the ruling reported in I (2003) CPJ 72 (NC) it is found that major responsibility is on the TTE that in addition to examine the tickets ensuring that no intruders enter into the reserve compartment but in this case it is found that TTE or the coach guard all did not discharge their duty so it is certainly a gross dereliction in duty which defines deficiency in service to the present complainant.

          Moreover, the present price difference between the reserved ticket and unreserved ticket is quite high and the travelling public who buy reserved ticket in reserved coach they expect that the train journey shall be safe with safety and security but in this case the TTE, Coach guard did not discharge their duty and gross dereliction of the duty on their part of them is well proved which tantamounts to deficiency in service on the part of the OP.  Practically, the efficient and reliable serviced of the Railway Authority during journey in the AC Coach and least safety of person and property while travelling in reserved compartment the OP in this case has denied preliminary that they have their no duty to give safety or security to the passenger for their travel or protection of the property and no doubt from the WV and evidence as filed by the OP it is proved that they are not taking any safety or security of the reserved passengers and their articles and luggage which were kept in the coach during journey.

          Moreover, after considering the arguments of Ld. Lawyers of both the parties and also the materials we have found that practically a WBCS Officer the present complainant was harassed by the Railway Administration during their journey and lost their valuable goods which were in the two suitcases which were stolen from the compartment and it is no doubt unexpected deficiency in service on the part of the OP.  So far as booking of the goods concerned the said aspect of the matter has already been dealt with by this Forum in this case.  Therefore, we are convinced to hold that the responsibility is on the part of the OP Authorities which is fixed by the provision of the Act and OP authority cannot anyway deny their liability for any reasons whatsoever and for not giving proper service and for negligent manner of service Railway Authority (OP) are completely responsible and no doubt for misconduct of the Railway Authority the articles were stolen so Railway authority is responsible for negligent manner of service when actually the articles of the complainant was removed or stolen away from the AC coach during journey when it was the duty of the coach conductor and the TTE to give security and safety of the life and property of the AC coach ticket holder like complainant and his family.

          In the light of the above observation and also considering the above rulings and facts and circumstances we are convinced to hold that complainant has proved beyond any manner of doubt the negligence and deficiency on the part of the Railway Administration and also their servant and employees but anyhow Railway Authorities are not giving proper attention to the reserved coach passengers in all respects and for which they are facing much trouble and in the present case complainant faced horrible trouble much during their long journey and on their way journey stopped for loss of their luggage and from the above facts it is also proved that there is no safety and security of the bona fide passenger of AC coach also in any train of the Railway authority and in the result no doubt in the above situation for deficiency in service and for not rending proper security to the complainant for his life and property the Railway Authority is liable to pay compensation.

          Fact remains in this case value of property cannot be assessed on numerical basis but loss was no doubt irreparable so considering the entire facts and material and also claim of the complainant we have gathered that complainant has claimed compensation of Rs.81,345/- on the ground that the value of the articles of the complainant as lost was Rs.50,000/- and balance is compensation but considering the situation and the loss of his journey and property we are awarding a sum of Rs.50,000/- as compensation in favour of the complainant against the OP and the litigation cost also. 

Accordingly, the complaint succeeds.

Hence,

Ordered

That the case be and the same is allowed on contest with a cost of Rs.10,000/-(Rupees Ten  thousand only) against the OPs.

          OPs are directed jointly and severally to pay compensation of Rs.50,000/-(Rupees Fifty thousand only) to the complainant within one month from the date of this order for causing mental pain, agony and harassment and for rendering no service and security during the journey and for loss of their luggage.

          OP shall have to comply this order by paying total Rs.60,000/- (Rs.50,000/- as compensation and Rs.10,000/- as litigation cost) within one month from the date of this order failing which for each day’s delay and for non-compliance of this order, OPs Railway Authority shall have to pay punitive damages @Rs.200/- per day till full implementation of this order and if it is collected the same shall be deposited to this Forum by the Railway Authority even after that if it is found that they are reluctant to comply this order in that case penal action u/s.27 of the C.P. Act shall be started against them and further fine of Rs.10,000/- shall be imposed as per law.