This is an application u/s.12 of the C.P. Act, 1986.
The complainant a senior citizen, by filing this complaint states that she along with her mother and sister started journey from Howrah Station to Puri on 07-01-2013. From midnight, the reserved coach of the complainant was started to be occupied by unidentified passengers having no valid reserved ticket and those unidentified commuters occupied the seats of the passengers having reserved tickets causing much disturbance to them. As the situation became grave, the RPF personnel were called on, but they failed to attend for a single time. As a result, complainant with her companions spent a sleepless night. At about 5:25 hours on 08-01-2013, one unidentified man snatched the bag from the complainant’s shoulder and attempted to run away the complainant ran after him, to obstruct, but to her utter surprise, the complainant was thrown out on the rails while the train was completely in motion, being helpless, the complainant’s mother and sister wanted to pull the chain. As there was no chain other passengers from other side of the berth pulled the chain hearing their shouts and the train was stopped and the complainant taken towards Puri Station in a wretched condition.
Many valuable articles, papers are kept inside the bag which amounts to Rs.59,800/-, these articles include mobile phones of Samsung, Nokia and Haier with three SIM cards, I-Pod, Video Camera, Spectacles, Medicines, Costume Jewellary, cash, Hotel tickets, Voter I.D. Card, PAN Vard, House Keys and Chainlock key.
The complainant sustained physical injury in her head, leg, knee, elbow and right side 6th rib of the chest which cannot be compensated by money, because at this eye her ribs will not region. Not only the physical pain, but also she faced mental agony, while she was thrown out of the train.
She lodged the complaint at Puri Station on 08-01-2013 with details of her accident and loss of the handbag, containing valuables, but it is a matter of great regret that no step has been taken by the OPs. Though the Ld. Advocate of the complainant was informed through a letter by the OP3 i.e. General Manager, East Coast Railway, that they had referred the issue to the OP3, but no action has been taken till date.
Earlier South Eastern Railway and the General Manager, South Eastern Railway were made parties by the complainant and the case was lodged in Unit-I. The OPs moved to state commission for expunging their names from the case. The State Commission, West Bengal ordered that the earlier order of 26-06-2013 be set aside with the expunction of names of OPs and the revision petition be allotted with liberty to the complainant to move the Ld. Forum for amendment of the original complaint. Then the case was lodged in Kolkata Unit-II.
The OPs failed to give protection to the complainant and her luggage. Hence, the complainant prays to the Forum to pass order directing the OPs to pay Rs.59,800/- along with an interest @12% p.a. for loss of articles and a compensation of Rs.1,00,000/- for physical and mental harassment and a litigation cost of Rs.30,000/-.
As stated by OP3 no unauthorized passenger was allowed to travel in reserved coaches. OP3 stated that she fell from the train was false and due to her carelessness, the hand bag was stolen. According to on duty ticket checking staff, there was no such mark of injury was detected.
The OP3 states that Railway Authority is in no way responsible for the loss of luggage which are not booked with the railway.
When the chain was pulled off by the passenger, the TT ran immediately to the spot and found the passenger inside the train and no such abnormality was found. Even after reaching Puri Station the complainant did not go to the doctor. She went to the doctor on 17-01-2013, i.e. after ten days of the incident. So, all the medical reports are an afterthought and fabricated.
As per the versions of the complainant the TTE helped her to lodge compliant to the Govt.-Railway Police on 08-01-2013.
As far as the responsibility of the luggage is concerned, the OPs are not liable to pay any compensation as per Section 100 of the Railway Act.
In view of the above facts, railway administration is in no way responsible for the loss of luggage of the complainant as she has not paid any charge for booking of luggage. So, the present dispute is not at all maintainable under C.P. Act.
Sri S.K. Sahoo, TTI/Puri on 12-06-2013 reported that he was working as a upper class conductor in A1, B1 and B2 coacher of Howrah Puri Express on 7th January, 2013, when he was in A/1-5(TTE seat) he knew that the chain was pulled, he went to the spot and heard that a bag was stolen from a lady passenger. When the incident occurred the train left Khurda Rd Station, the passenger was advised to lodge the passenger was advised to lodge complaint at PUri Station, but at that time he did not see any remarkable injury on the complainant’s face. The train was not much overcrowded at Khurda Road Station. As the passenger (complainant) got down from the train Mr. Sahoo helped her in lodging the complainant and after lodging the complaint, she left for her hotel.
Sri N.R. Biswas was manning the SI Coach where the complainant was travelling. At the time of the incident the TTI was in S2 coach, he came running and came to know that a handbag was stolen from a lady passenger from window, that passenger tried to chase the miscreant, but could not while she turned the train started for Puri. Mr. Biswas confirmed that there was no unauthorized person except RAC passengers in S/1. More or less the report of TTI/Puri Mr. S. K. Sahoo and TTI/Puri, Shri N.R. Biswas are same. Both of them report that there was no remarkable marks of injury on her body. OP3, i.e. General Manager, Khurda Railway Station did not attend the proceedings and failed to give
W/V, E/Chief and questionnaires and reply given by OP1 and 2 are considered. On the basis of these documents, we proceeded for judgements.
Decision with Reasons
On proper study of the complaint and the written version and evidence in chief, it is undisputed fact that the complainant board Howrah-Puri Express on 07-01-2013 along with her mother and sister and after Khurda Railway Station which falls within the jurisdiction of East Coast Railway, the complainant’s handbag containing valuables was stolen.
About loss of luggage from Howrah to Puri there is no denial that it was lost after the train left Khurda Station.
Ld. Lawyer for the OP submitted that Railways is not responsible in respect of luggage which a passengers chooses to keep in her own custody and in this case, all the luggage were in custody of the passengers and it was not booked separately and it was never handed over to the Railways to take charge of the security as per provision of Section 100 of Railways Act 19899 it is not the responsibility of the Railway Authority and practically Ld. Lawyer of the OP relied upon such sort of principles of law.
Perhaps Ld. Lawyer of the OP fails to notice that the passenger purchased sleeper coach reserved tickets for herself and for her mother and sister and they were passengers with valid reserved tickets at sleeper coach. In sleeper coach safety must be given to the bona fide passengers during night hours so that their belongings must not have been stolen or snatched by unidentified miscreants during night journey. The lady passenger’s handbag is snatched suddenly from the train. If Railway Authority fails to provide such service to the reserved coach passengers who availed of sleeper coach for smooth journey, at night, then they are answerable to the passengers. A lady passenger along with mother and sister was availing of Puri Express for reaching Puri, but she fell victim of such situation, she failed to catch the thief, she did not get any help from the TTE/Puri. So, it is dear that there is gross negligence in the part of the OP.
For the laches of the Railway staff the complainant’s handbag to stolen at Puri Station. According to the amended version of Section 100 of Railway Act, 1989, if it is found the luggage are not booked by the passengers having valid reserved ticket in that case, Railway Authority is bound to pay compensation. Even u/s.100 of Railways Act, 1989, Railway cannot anyway claim that they have no responsibility even if the luggage is not booked by the passenger but as because she is a bona fide ticket holder of a reserved compartment of sleeper coach of Puri Express. The higher responsibility lies upon the Railway Authority to give all securities, safety of the journey. But the written version, the Railway Authority casually submits by filing written version that they have no responsibility because the luggage is not booked. The Railway authority perhaps fails to notice the provision of law of Section 100 of Railway Act, 1989 the responsibility of the Railway Authority in respect of non-booked luggage is also fixed by the Act. Then it is clear that the Railway Authority is bound to pay compensation for such lost articles during their journey by Puri Express from Howrah to Puri and admitted fact is that the complainant’s bag was stolen during the journey. Fact remains that no outsider shall be permitted by the coach attendant or security guard but in this regard, Railway is silent whether there was proper security arrangement then it is clear that there was no guard and the journey was unsafe. When the train has been paid with reservation charge then it is the responsibility of the Railway authority to give all service including safety, security, but one cannot believe that the passengers themselves have to guard their belongings during journey. If that be the case, the Railway Authority must pay for their negligent act.
The complainant tried to recover her handbag from the unidentified miscreants and she was pushed down from the running train. As a consequence her right side 6th rib was broken. She was treated primarily at Puri and then after coming back to Kolkata, she went to Peerless Hospital, City Diagnostic Centre for X-Ray. On 16th January, 2014, Dr. Nirmalya Thakur diagnosed the damage of the right 6th rib of the complainant due to falling from a running train. Then the complainant was taken back to the train. Her spectacle was broken. She was in a state of trauma. It reveals the fact that there was no guard in the train for the protection of the passengers, rather it is claimed that on duty staff are very much reluctant to protect the passengers of sleeper coach. It has been found that the on-duty railway staffs are interested in accommodating the ticketless passengers for some extra earning. Certainly the conditions of the bona fide passengers are unsafe, anything can happen in route, but staff may not be available for that. The passengers are left on the mercy of the coach attendants. The railway authority must take drastic step to stop this irregularity and in the present case the complainant is surely entitled to get compensation.
Anyhow the Ld. Lawyer for the OP has tried to off the the responsibility of Eastern Railway but in this regard, it is considered that the office of the Eastern Railway and General Manager, Eastern Railway are at N.S. Road and Fairly Place respectively which are within the jurisdiction of this Forum. OP has tried that such sort of incident happened outside the jurisdiction of the Forum, because Khurda Road falls within East Coast Railway, so Eastern Railway is not liable for that but fact remains as per principles of law, if any passenger starts from any station and reaches the destination and during the period of said continuous journey if any service is not provided by the Railway Authority during the journey passenger can file the case either at destination or at departure station also because it is the provisio0n of law that on transit, if any incident takes place, the complainant may be filed at destination or outstanding point in view of the fact that after starting of train after facing problem are must have to make grievance to TTE and if it is not properly redressed in that case the passenger may file such complaint before the Forum after arrival at the destination station. So, the complainant was lodged to the RPF at Puri Station, because she was not attended by the staff on board. Between the journey from Kolkata to Puri all divisions of Railway are equally responsible for the deficiency in service. Fact remains that the complainant faced deficiency till their arrival at Howrah. So, the complaint is maintainable against the present OP.
Taking into account all the materials on record, it is said that the Railway staff are very much reluctant to discharge their duties. It has been proved beyond any manner of doubt that Railway Administration has lost entire control so they are unable to give adequate service to their bona fide passengers. Now, it is OP’s only slogan on ly train will run but no service shall be given and if passengers raise any voice, in that case, the passenger shall not be entertained by the staff and that is the daily scenario of the Railway Administration. The staff on board them that their responsibility ends after the passenger buys tickets. But the staff must remember that it is their moral, social duty to care for the passengers who are travelling with valid tickets.
The complainant spent a horrible night in the train bound for Puri Station. It is not a stray incident, but also a common incident. The passengers even fell unattended in the train, sometimes they expire, but the staff hardly care. If the present case is considered, the passenger escaped, death due to pulling of chain otherwise she might have crushed under the wheels of the train. The Railway Authority hardly bothers. So, they must be penalized for their callousness and reluctance to perform their duty.
In the result, the case succeeds.
Hence,
Ordered
That the case be and the same is allowed on contest with a cost of Rs.10,000/- against the OPs.
OP is hereby directed to pay Rs.60,000/- for the loss of valuables in the handbag.
OPs are directed to pay a compensation of Rs.20,000/- 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 as a bona fide passenger.
OP shall have to comply the order within one month from the date of order failing which for each day’s delay and for non-compliance of the order of the Forum, the Railway Authority shall have to pay punitive damage @Rs.200/- per day till full satisfaction of the decree and if it is collected, same shall be deposited to this Forum.
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.10,000/- shall be imposed as per law.
