Sri Shyamal Gupta, Member

This Appeal is directed against the Order dated 03-02-2016 passed by the Ld. District Forum, Kolkata-II (Central) in C.C. No. 369/2015 whereof the complaint has been allowed.  Aggrieved by and dissatisfied with the same, the OPs thereof have preferred this Appeal.

Facts of the complaint case, in a nutshell, are that the Complainant along with her daughter and some neighbours boarded the ladies compartment of down Katwa-Bandel local on 24-05-2013.  When they entered the compartment, they noticed one drunken hawker inside the ladies compartment, who hurled abusive language at them without any rhyme or reason.  Besides the said hawker, another two male hawkers were also there inside the compartment who called up other hawkers over phone to join them to harass the Complainant and her pal more and once the train reached Behula station, other hawkers entered the said compartment.  Thereafter, the said hawkers not only pushed/shoved the Complainant and her companions, but also outraged their modesty.  Unfortunately, their torment did not end there. Once the train reached Somrabazar Station, the group of hawkers dragged them out of the train compartment and started mercilessly assaulting them with iron rod, bamboo stick etc, stripped off their clothes.  Most surprisingly, the Station Manager of Somrabazar station and one GRP constable, who were present at the station premises did not come forward to their rescue.  Not only that, the said Station Manager also refused to extend any sort of co-operation toward them.  So, the Complainant and her other companions went to Ambika Kalna Station and lodged  an official complaint at the GRO Post overthere.  The Duty Officer of the said GRP Post after taking their statement, asked them to get admitted at the Kalna Government Hospital. As the condition of the Complainant deteriorated, she was referred to Burdwan Medical College Hospital, where she undergone some treatment.  As the OPs did not take any positive step to redress her grievance, the complaint was filed before the Ld. District Forum.

By filing a WV, it is stated by the OP No. 1 that ‘deficiency in service’ on the part of this OP cannot be extended upto the protection of individual by the RPF.  There was no report  from the OP No. 2 that disciplinary proceeding had been initiated against the RPF personnel for dereliction of duty so as to prima facie presume that it was the duty and obligation of the RPF personnel to protect any individual from any unforeseen incident.  On the contrary, recording of FIR, preparation of seizure list etc. shows that the official duties were performed in accordance with law.  It is also contended that the Complainant had ample scope u/s 357 CrPC to claim compensation and also u/s 357A CrPC based on victim compensation theory.  Newspaper cutting annexed with the petition of complaint could not be taken into consideration because it was ‘no evidence’ as per the Evidence Act and moreover, the entire newspaper ought to have been filed instead of the cutting portion filed.

Decision with reasons

Heard the Ld. Advocates of both sides and perused the material on record carefully.

The Respondent filed photocopies of railway tickets to establish her status as a bona fide railway passenger.  She also filed photocopies of treatment sheets of Kalna Sub-Divisional Hospital and Burdwan Medical College Hospital, Injury Report of Kalna Sub-Divisional Hospital, seizure list, newspaper clippings etc. in a bid to establish the horrific incident she was subjected to along with her companions at the hands of some unruly hawkers, nay anti-social elements.  None of these documents has been proved wrong by the Appellants through filing of any counter-document/evidence.  Yet, in a bizarre show of defiance, the Appellants have not only sought to wash its hands of the incident stating that they have no statutory obligation to look after the safety and security of railway passengers, but also rub salt into the wound of the Respondent questioning her status as a bona fide passenger.  Inefficiency is surmountable; insensitivity not. 

It is totally a misnomer on the part of the Appellants that they have no liability towards the safety and security of individual passengers.  Once a passenger enters the train compartment with a valid ticket, it is the sacrosanct duty/responsibility of Indian Railways to see that the passenger reaches his/her destination safely.  The chain of events, as depicted in the petition of complaint and other documents, clearly expose gross dereliction of duty on the part of the concerned officials of the Appellants. It is indeed surprising that there was no lady RPF constable present at the ladies compartment to put a check on the unauthorized entry of male hawkers/passengers inside the said compartment. Had the Railway authorities really remained on their toes, the accused hawkers could not dare entering the ladies compartment at the first place and in that case, the Respondent would not face the inhuman torture that was meted out to her. Merely by framing Rules, thereby making entry of men inside ladies compartment a punishable offence, the Railway authorities cannot discharge all their obligations.  It is that scrupulous implementation of such Rules on ground that matter the most at the end of the day.

The Appellants though sought to pick hole with the impugned order by raising several legal issues, on going through the impugned order we find that the Ld. District Forum quite effectively/appropriately dealt at length with such legal niceties already and therefore, we refrain from reiterating the same in our discussion. 

If we take into consideration the inhuman torture, social stigma, physical stress, mental pain/agony/harassment endured by the Respondent, the award handed out by the Ld. District Forum would appear nothing but a pittance.  Yet, instead of feeling apologetic of their abrupt failure to ensure the safety and security of bona fide passengers and showing solidarity towards the Respondent as a mark of empathy/gesture, Appellants have resorted to exacerbate her sufferings in every possible manner.

The impugned order appears to be more or less in order.  We, therefore, find no reason whatsoever to interfere with the impugned order save and except relieving the Appellants from the liability of paying any penal damage on account of non-compliance of the impugned order within the stipulated time.

The Appeal, thus, succeeds in part.

Hence,

O R D E R E D

That the Appeal be and the same is allowed on contest in part.  The Appellants need not pay the penal damage @ Rs. 2,000/- per month being imposed by the Ld. District Forum.  Otherwise, the impugned order shall remain in toto.