Assam

Dibrugarh

CC/41/2015

MS. JYOTIKA GOGOI - Complainant(s)

Versus

THE UNION BANK OF INDIA, REP. BY THE GENERAL MANAGER - Opp.Party(s)

VIJAY PANDEY

07 Nov 2017

ORDER

The case of complainant in brief is that  complainant on 11.09.15 purchased a ticket of Kamrup Express from Dibrugarh to Guwhati to appear an examination at Guwahati to be held on 13.09.15. She was provided a ticket bearing No.23811169 being PNR No.624-4566675 dated 11.09.15 from the ticket counter of the Railway Station after paying cost of Rs.1890/-. The complainant was accompanied by her mother and four other friends. On 11.09.15 the complainant boarded at Kamrup Express Train No.15960, Coach No.S-3 from Dibrugarh to Guwahati along with her mother and friends. The train of the complainant started moving around 18:25 PM and OP No.5 examined the ticket of the passengers from Tinsukia onwards. The complainant made an enquiry about the security arrangement of the train to the OP No-5 and OP No-5 assured her that there is no risk of happening such incident. While the complainant was travelling at Seat No.66, Coach No.S-3 at about 1:10AM at night while they were sleeping the complainant felt some sense that someone was trying to snatch away of her bag and baggage from her possession. She immediately woke up and  seen that there was a man who had snatched away her baggages. She immediately shouted but, by that time the thief ran away from the running train. The complainant tried to apprehend the thief but meanwhile he could succeeded to  jump from the running train. The complainant searched the OP No-5 and GRPF but none was there. Then some of the passenger of the coach pulled the chain of the train and when the train stopped the complainant immediately called at Toll Free No.1513 which she viewed at the coach. Someone had picked up the phone and the complainant informed  everything about the incident who assured her to sent their men. Thereafter, within one hour some police personnel reached  the coach who searched the TTE i.e. OP No.5, but he was not found.  The complainant lodged a written complaint to the police personnels which was duly received by them and assured her that they would soon search the thief and contact with the complainant. The complainant had  taken a photograph of the complainant. On 12.09.15 one SI P.R. Meena called the complainant  over her telephone and informed that stolen goods were recovered but the money amounting to Rs.5000/- and Pan-drive could not be recovered. Said S.I. Meena also sent  the photograph of the stolen things and bags of the complainant over her Whatsapp No.8486657208 from his Whatsapp No.9402830545. During the conversation with Railway Authority and the police personnels  they informed the complainant and other passengers that they have instruction not to provide any security and escort to the train from Sarupathar to Dimapur but, the reason they failed to give to the complainant. On 12.09.15 the GRPF of Guwahati Paltanbazar called for the complainant to their office and informed about the recovery of good and bags of the complainant and asked her to come at 9:30PM to  collect her goods and bags. While the complainant visited the office of the GRPF the Police Officer requested her to withdraw  the case  first and not to approach any higher authority and then the goods and begs would be handed over to her. Under the circumstances, the complainant having no clothes and goods agreed to withdraw the case. The complainant after returning from Guwahati approached to the OP No.4 at his office at Tinsukia and informed all the fact but the Divisional Railway Manager, Tinsukia did not take any steps which is a gross deficiency and negligence on the part of the OPs for which the OPs are liable under law to pay adequate compensation to the complainant.

In view of the above circumstances, there is no other alternative remedy available to the complainant except to file the present case. Accordingly, the Railway Administration is liable for their negligence and  deficiency in service in failing to provide adequate protection to the passengers and allowing  unauthorised persons into the Railway compartment which caused must inconvenience to the complainant and gave enormous mental, physical harassment for which the complainant claimed Rs.50,000/- as compensation for her damage and cost of the litigation.

 

After registering the case notices were issued to all the OPs which were duly received by the OPs but did not attend this Forum and also have not filed written statement contesting the claim of the complainant. As such, the case against the OPS have been proceeded ex-parte.

 

In this case the complainant has led her evidence by swearing an affidavit and has exhibited as many as 3 (three) documents in support of her case. Upon going through the evidence of the complainant and hearing following decision is delivered.

 

    DISCUSSION, DECISION AND REASONS THEREOF:

  

              Upon going through the evidence of the complainant as PW-1, it is found that, the complainant to appear an examination at Guwahati to be held on 13.09.15 purchased a ticket of Kamrup Express bearing Ticket No.23811169, PNR No.624-4566675 dated 11.09.15 from the Ticket counter of the Railway Station, Dibrugarh. On 11.09.15 the complainant boarded at Kamrup Express, Train No.15960, Coach No.S-3 from Dibrugarh to Guwahati along with her mother and four other friends. The train of the complainant started moving around 18:25PM and the  OP No.5 examined the ticket of the passengers from Tinsukia and the OP No.5 during checking of the ticket assured that there is no risk of occuring any incident. The complainant was travelling by Seat No.66 of the Coach No.S-3. Around 1:10AM at night while she was sleeping she felt that someone was trying to snatch away of her bag and baggage. She immediately woke up and saw that a man was stealing away her bag and baggage.  She immediately shouted but meanwhile the thief ran away from the running train. The complainant went on searching OP No.5 and also GRPF but none was there. Some of the passengers pulled the chain of the train and when the train stopped the complainant could see a toll free number 1513 at the coach. She immediately rang  the number and told the entire incident. Within one hour police personnel reached the coach and searched the TTE i.e. OP No.5 but he was not found  in the coach. The complainant lodged a written complaint to the police and a copy of the said complaint was taken by the complainant by her photograph by mobile and exhibited  the same as Ext-1. Later on, on 12.09.15 one SI P.R. Meena rang to the complainant and informed that the stolen goods were recovered and thereafter  sent the photography of the stolen things and bags of the complainant over her Whatsapp No.8486657208 from the Whatsapp No.9402830545. Ext-2 is the said photograph. Thereafter, on 12.09.15 the GRPF of Guwahati Railway Station informed the complainant about the recovery of goods and begs and asked her to come at 9:30PM to collect her goods and begs. While the complainant visited to the Office of the GRPF at Guwahati the Police Officer requested the complainant to withdraw her case and not to approach higher authority, then the goods and bags would be handed over to her. However, under the compelling circumstances, the complainant withdraw the case and received her bag and articles, but Rs.5000/- and the Pandrive could not be recovered. The complainant after arriving at Tinsukia informed the entire fact to the Divisional Railway Manager, Tinsukia but he did not  take any steps which is amount to deficiency in service and negligence on the part of OP.

 

After considering the above evidence of the complainant it appears clear that there is no dispute regarding movement of the complainant with her mother and four other friends which appears from Reservation Ticket No.23811169 being PNR No.624-4566675 dated 11.09.15 by Kamrup Express. The complainant travelled on 11.09.15. The evidence adduced by the complainant also shows that she was carrying bag and luggage as shown in Ext-2. From the evidence it also appears that while the complainant was sleeping she was conscious  and watching her bags and luggage. As soon as the luggage and bags were stolen by the thief she  immediately went after the thief but the thief ran away from the running train along with her stolen goods. The complainant and other passengers searched the TTE and police personnel but was not found them. However, the complainant getting a toll free No.1513 at the coach she rang and found response from  the other end. After one hour of receiving the said call some police personnel reached the coach who searched the TTE i.e. OP No.5 but he was not found. From the Ext-1, the FIR it is found that  the complainant lodged the complaint before the police who assured to search the thief and to contact with the complainant. The complainant immediately taken a photograph of the complainant which is exhibited as Ext-1. From the evidence of the complainant it is  also found that one SI P.R. Meena traced the stolen goods and informed to the complainant through her mobile and sent one photograph of the stolen goods and bags over her Whatsapp No.8486657208. On the next morning i.e. 12.09.15 the stolen goods and bags were handed over to the complainant by the GRPF of Guwahati Paltanbazar Railway Station which appear from Ext-3. But some amount of money Rs.5000/- and a Pandrive could not be recovered. Regarding stealing of money and Pandrive is believable as the money bag was also stolen by the thief.

 

It is to be mentioned here that the passengers travelling by the train are entitled to carry certain bags and luggages within permissible limits of weight at free of cost. There is no question of entrusting such bags or luggage to the Railway Authority and getting receipt thereof. If a lost takes place of such luggage the Railway Authority can be held responsible provided there negligence on the part of the Railway or any of the servant, proved, provided that the passenger himself has taken reasonable care of his personal luggage as expected of a prudent person. In this case it appears from the evidence of the complainant that the complainant was very much careful while sleeping at night and was conscious and alert. At about 1:10AM while the thief was stealing the bags and baggage she could  felt some sense that someone had tried to snatch her luggage. She immediately woke up and found that her baggage were stolen by a man but though she rain after him the thief jumped over from the running train. Accordingly, it appears that the complainant herself has taken much responsibility of her personal luggage and has taken reasonable care as expected  of a prudent person. So far negligence on the part of OPs are concerned, it is clearly evident that while the complainant and the passengers of the train were searching TTE but he was not found at the compartment.  He was not at all taking care of the coach and also did not lock  the door of the coach to prevent the entry of outsider. Even after  coming of the police personnel  when they searched TTE i.e. OP No.5 they also could not found the TTE. It appears clearly the loss of the luggage took place due to the negligence on the part of the Railway Authority. In this respect the case of Central Railway, Bhusawl and others vs. Ashok Kumar Gangaram Ranglani (Maharashtra SCDRC)  it was discussed about the  duties of the TTE attached to the coach while it was cited  in  Union of India v. Sanjiv Dilsukhrai Dave & Anr. reported in 2003 CTJ 196 (CP)= 2 (2003) CPJ 72 (NC) where it was held and read as under –

“4. He shall check the tickets of the passengers in the coach, guide them to their berths/ seat and prevent unauthorised persons from the coach. He shall in particular ensure that persons holding platform tickets, who came to see off or receive passengers do not enter the coach.

 

14. He shall ensure that the doors of the coach are kept latched, when the train is on the move and open them up for passengers as and when required.

 

16. He shall ensure that the end doors of vestibule trains are kept locked between 22.00 and 6.00 hrs to prevent outsiders, entering the coach.

 

17. He shall remain vigilant particularly during night time and ensure that intruders, beggars, hawkers and unauthorized persons do not enter the coach. ”

 

In Sumatidevi M.Dhanvatay v. Union of India and others reported in 2004  CTJ  700 (SC) (CP)= 2004 NCJ  269 (SC) it has been held that –

“Looting in Railway Compartment by unauthorized persons – Complaint lies to Consumer Forum and failure to taken precaution and preventing measures causing loss to bonafide passengers amount to deficiency on the part of the Railway.”

 

Further, in the case of Central Railway, Bhusawl and others v. Ashok Kumar Ranglani (infra) where it has been held-

 

“ Railway Administration cannot escape from its liability for negligence and deficiency in service in failing to prevent unauthorized persons entering in railway compartment and taking away the luggage as passengers. It is apparent from above case that the jurisdiction of the Fora is not ousted under Sections 138 and 15, 123 and 124 of Railway Tribunals Act.”

 

In view of the above circumstances and the facts stated above the complainant has been able to disclose prima facie material of committing serious negligence and deficiency in service by not taking proper care of the belonging of the passengers within the train. There are ample material which the OPs have not challenged the above evidence of the complainant either by filing written statement or by leading any other evidence, so the Forum comes to an unassailable conclusion that some order can rightly be passed basing on the above unchallenged evidence directing the OPs  to pay some amount as compensation for giving mental harassment and agony. As such, this Forum direct OPs to pay a sum of Rs.12,000/- as compensation for giving such mental harassment and agony to the complainant. Further, the Forum directs OPs to pay Rs.1000/- as cost of filing the instant case. The OPs are directed  to pay the above amount within one month from the date of this judgment.

Send copy of this judgment to OPs for compliance.