Order No.  21  dt.  14/01/2020

                The complainant filed this case against the o.ps. with the allegation that while he was travelling along with his family on 18.01.2017 from Howrah to Varanasi by 12333 Bibhuti Express AC II Tire coach no.AB-2, birth nos.15 and 16 and during the journey theft of some articles took place inside the said compartment. On the basis of the said fact the complainant filed this case and the complainant made General Manager, Eastern Railway as a party to this case and since the incident took place within the jurisdiction of East Central Railway, Hajipur, Vaishali, Bihar the Hon’ble State Commission directed the complainant to amend the complaint by making the o.p. nos.2 to 5 as parties to this case. The complainant as per the direction of Hon’ble State Commission made them parties and o.ps. appeared and contested this case by filing w/v.           

                The complainant has elaborately stated that the complainant while was travelling along with his family from Howrah to Varanasi by Bibhuti Express on 18.01.2017 in AC-II Tire Class vide ticket having P.N.R.No. 6556707389. In the early morning on 19.01.2017 the complainant noticed that his hand bag was stolen from berth from inside the AC-I2 Tire compartment. The said train being super fast train the o.p. railway failed to take any measure for ensure safety of passenger and baggage. After the incident of theft of bag, the coach attendant cannot be traced. On the basis of the said fact the complainant made complaint to different railway authorities but no fruitful result has been achieved. It was further alleged by the complainant that the total loss sustained by the complainant of Rs.32,500/- (Rupees Thirty Two Thousand and Five Hundred) only. The complainant lodged an FIR at Patna and on his return to Kolkata he contacted different authorities of Eastern Railway for recovery of the lost bag but no positive response was received from the o.p.  On the basis of the said fact the complainant filed this case against the o.p. for direction upon the o.p. to pay an amount of Rs.32,500/- (Rupees Thirty Two Thousand and Five Hundred) only and also prayed for litigation cost of Rs.160/- (Rupees One Hundred and Sixty) only.

                The  o.ps.  contested this case by filing w/v and denied all the material allegations of the complaint. It was stated that the case should be dismissed in limini. Since the case is bad for defect of parties and the same is to be dismissed in limini. It was further stated that this Forum has not territorial jurisdiction to entertain the complaint. It was further stated that the incident took place in Patna, therefore, the complainant ought to have filed the case within the territorial jurisdiction where the incident took place. The complainant has also stated that the GRP started a criminal case on the basis of the FIR lodged by the complainant at Patna. Therefore, the complainant will not be entitled to get any relief from this Forum. The o.ps. also stated that the Hon’ble National Commission in different judgments held that if it is found that there is no territorial jurisdiction of this Forum the case is to be dismissed. On the basis of the said fact the o.ps. prayed for dismissal of the case.

                On the basis of the pleadings of the respective parties following points are to be decided :-

1. Whether the complainant purchased the ticket from the o.ps. for visiting Varanasi?
2. Whether any theft was committed during the period of the journey?
3. Whether there was any deficiency in the service of the part of the o.ps.?
4. Whether the complainant will be entitled to get the relief as prayed for?

Decision with reasons :-

                All the points are taken up together for the sake of brevity and avoidance of repetition of facts.

                The complainant argued himself that the complainant was travelling along with his family from Howrah to Varanasi by Bibhuti Express on 18.01.2017 in AC-II Tire Class vide ticket having P.N.R.No. 6556707389. In the early morning on 19.01.2017 the complainant noticed that his hand bag was stolen from berth from inside the AC-II Tire compartment. The said train being super fast train the o.p. railway failed to take any measure for ensure safety of passenger and baggage. After the incident of theft bag the coach attendant cannot be traced. On the basis of the said fact the complainant made complaint to different railway authorities but no fruitful result has been achieved. It was further alleged by the complainant that the total loss sustained by the complainant of Rs.32,500/- (Rupees Thirty Two Thousand and Five Hundred) only. The complainant lodged an FIR at Patna and on his return to Kolkata he contacted different authorities of Eastern Railway for recovery of the lost bag but no positive response was received from the o.p.  On the basis of the said fact the complainant filed this case against the o.p. for direction upon the o.p. to pay an amount of Rs.32,500/- (Rupees Thirty Two Thousand and Five Hundred) only and also prayed for litigation cost of Rs.160/- (Rupees One Hundred and Sixty) only.

                Ld. Lawyer for the o.ps argued that that the case should be dismissed in limini. Since the case is bad for defect of parties and the same is to be dismissed in limini. It was further stated that this Forum has not territorial jurisdiction to entertain the complaint. It was further stated that the incident took place in Patna, therefore, the complainant ought to have filed the case within the territorial jurisdiction where the incident took place. The complainant has also stated that the GRP started a criminal case on the basis of the FIR lodged by the complainant at Patna. Therefore, the complainant will not be entitled to get any relief from this Forum. The o.ps. also stated that the Hon’ble National Commission in different judgments held that if it is found that there is no territorial jurisdiction of this Forum the case is to be dismissed. On the basis of the said fact the o.ps. prayed for dismissal of the case.    

                Considering the submissions of the respective parties it is an admitted fact that by purchasing ticket from Howrah availed journey by Bibhuti Express and on their way to Varanasi a theft was committed in their compartment for which the complainant has alleged that due to negligence of the part of the o.p. railway employees such incident took place. On the basis of the said fact the complainant filed this case against o.p. prayed for refund of the valued articles lost during the time of the said journey.

                The Ld. Lawyer of the o.p. emphasized that as per Section 100 of the Railway Act the responsibility of the railway is very limited, in this respect we can rely on the decision as disposed of by Hon’ble National Commission in respect of Revision Petition No. 602 of 2013. Whereby it was held that one has to presume the passenger would take respectable care of his bags but he cannot be expected to make measures against intruders getting easily into reservation compartment and running away with goods, when the railway administration is charged with the responsibility to prevent such unauthorized entry. We have entered the 21^st century and we cannot carry on our daily life in the same age-old fashion with bearing burnt in different service provided by public authorities like railways. People expect in the 21^st century a modicum of efficient and reliable services, which provides at least safety of person and property while travelling in reservation compartment. Undisputedly the complainant and his family were travelling in this reservation coach having the facility of AC-II Tire coach and most unfortunately, the articles were stolen during the time of the journey. The complainant tried his level best to contact with the TTE and to lodge his protest but no effective steps were taken by the railway authorities. We hold that there was deficiency in service on the part of the o.p. and the complainant will be entitled to get the value of the articles lost by him during the said journey. Thereby on the basis of the said fact all the points are disposed accordingly.

                Hence, it is ordered,

                That the case no. CC/161 of 2017 is allowed on contest with cost against the o.p. nos.1 and 2 and dismissed on contest without cost against the other o.ps. The o.p. nos.1 and 2 are jointly and/or severally directed to pay to the complainant compensation of Rs.32,500/-(Rupees Thirty Two Thousand and Five Hundred) only for harassment and mental agony as well as litigation cost of Rs.160/-(Rupees One Hundred and Sixty) only within 30 days from the date of communication of this order, i.d. an interest @ 8% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.