Order dictated by:

Sh.Anoop Sharma, Presiding Member

1.       Mrs.Virendera Kaur complainant has brought the instant complaint under section  12 & 13 of  the Consumer Protection Act, 1986 on the allegations that complainant is an NRI and was travelling from Kanpur to Amritsar by train No. 14153 having PNR No. 66609746 alongwith her relative on 14.3.2016. On 15.3.2016 when the said train reached Manawala Railway Station certain unknown/unauthorized person without any travel documents boarded the train  compartment B1 in which the complainant and her relative was travelling. The said persons , who entered the compartment unauthorizedly started snatching the suitcases of the complainant  and snatched from the said suitcase the jewellery box  and other items  and jumped out of the train and took away with them the following articles  i.e. One Diamond Bracelet, One gold Bracelet, One Diamond Set, Two Gold Bangles, One set jewellery of Rudraksh and pearls, One American Diamond set, Two Diamond Rings , One Pearl set, Rs. 10000/- in cash and US$299 in total approximate loss to the tune of Rs. 8 lac has been done. The complaint to the said effect was made to PS GRP and e-mail to the effect was also made to the Hon’ble Railway Minister, but to no effect.  The said incident had occurred  with the negligent services of the opposite party, who allowed the entry of the unauthorized person in the reserved coach and the gates of the coach were left opened  and no railway staff was present in the coach including the TTE. Vide instant complaint, complainant has sought for the following reliefs:-

(a)     Opposite party be directed to pay the claim of Rs. 8 lac alongwith interest @ 12% p.a.

(b)     Compensation to the tune of Rs. 5,00,000/- alongwith adequate litigation expenses be also awarded to the complainant.

Hence, this complaint.

2.       Upon notice, opposite party appeared and filed written version taking certain preliminary objections therein inter alia that complainant has not come to this Forum with clean hands ; that the present complaint is bad for non joinder and misjoinder of necessary part ies as train No. 14153 is being manned by the ticket checking staff of Ambala HQ which comes under the jurisdiction of Divisional Railway Manager, Ambala and not under the Divisional Railway Manager Ferozepur and as such this forum has got no jurisdiction to try and entertain the present complaint. On merits , it was denied that the compartment in which the complainant was travelling, its gate were not locked and no security or TTE was available in the said coach. It was denied that any alleged incident had happened with the negligent services of the opposite party. The true facts are that on 15.3.2016 Sh. Vinod Kumar, Dy. CIT/UMB was managing coach No. B1 in Train No. 14153 between Saharanpur to Amritsar at 8.35 hrs and reached at Amritsar at 15.10 hrs and there was no irregularity or  any unauthorized person detected by Sh. Vinod Kumar, Dy. CIT/UMB nor any such thing was brought to the notice of Sh. Vinod Kumar by any passenger while he was checking coach No. B-I. All the passengers were properly checked and were allotted their respective berths as per chart. After checking coach No. B-I TTE Sh. Vinod Kumar was himself seating on berth No. 7 of the same coach. During the time of alleged incident said Vinod Kumar did not receive any verbal or written complaint from the complainant or any other passenger regarding unauthorized persons boarding the coach  and snatching belongings of the passengers. The behavior of the complainant also seems unnatural as she filed FIR on 4.4.2016 with GRP Amritsar i.e. after 20 days of incident. The complainant did not produce any bill or ownership regarding the stolen articles. It is also suspicious that an aged lady 75 years old was travelling alone with such valuable belonging in train. There is contradiction in the allegations made by the complainant as in the complaint it has been alleged that unauthorized persons started snatching their belongings i.e. suitcase jewellery etc, wherein in the FIR it was stated that when train approached near Amritsar some person after entering her coach started keeping her luggage near the door alongwith the luggage of the other passengers. As such the complainant on one hand is saying that the snatching had taken place while on the other hand her luggage were kept near the door. Moreover no co-passenger of the complainant has made any such complaint  nor the complainant herself raised any hue and cry when alleged snatching took place. As per the Railway Act Railway Administration is not responsible for any loss, destruction, damage of any luggage unless a railway servant has booked the luggage and given a receipt. The complainant had neither booked the luggage with the railway nor had disclosed the possession of any such valuable article to any of the railway official. As such there is no liability of the railway. While denying and controverting other allegations, dismissal of complaint was prayed.

3.       In his bid to prove the case Sh. Deepinder Singh,Adv.counsel for the complainant tendered into evidence duly sworn affidavit of the complainant Ex.C-1, copy of FIR Ex.C-2, copy of railway tickets Ex.C-3, copy of complaint to GRP Ex.C-4, copy of bills Ex.C-5 to Ex.C-11, copy of police complaint Ex.C-12 and closed the evidence on behalf of the complainant.

4.       To rebut the aforesaid evidence Sh. Ramesh Chander Sharma,Adv.counsel for the opposite party tendered into evidence affidavit of Sh. Parveen Gaur Dwivedi, Sr. Divisional Commercial Manager Ex.OP1, affidavit of Vinod Kumar, Deputy Chief Ticket Inspector Ex.OP2, copy of exceptional data Ex.OP3, copy of journey travelling report Ex.OP4, copy of excess fair ticket Ex.OP5, copy of signing on/off register Ex.OP6, copy of rojnamcha Ex.OP7, copy of signing on/off register Ex.OP8 and closed the evidence on behalf of the opposite party.

5.       We have heard the ld.counsel for the parties and have carefully gone through the record on the file.

6.       From the record i.e. pleadings of the parties and the evidence produced on record, it is clear that  complainant, who is an NRI was travelling from Kanpur to Amritsar by Train No. 14153 having PNR No. 66609746 alongwith her lady relative on 14.3.2016. It has been contended that on 15.3.2016 when the said train reached Manawala Railway Station certain unknown/unauthorized persons without any travel documents boarded the train compartment BI in which the complainant and her lady relative was travelling whose gates were not locked and no security or TTE was available in the said coach at that time. The said unauthorized persons snatched the suitcases of the complainant in which jewellery box alongwith other items were being carried by the complainant and took away with them One diamond bracelet, one gold bracelet, one diamond set, two gold bangles, one set jewelery of Rudraksh and pearls, one American Diamond set, two diamond rings, one pearl set, Rs. 10000/- in cash and US $200 in total approximate loss of Rs. 8 lac has been done. In this regard complainant lodged a complaint to SHO, GRP, Amritsar mentioning all the abovesaid items, copy of application accounts for  Ex.C-4 on record. On the basis of abovesaid application FIR No. 29 dated 4.4.2016 has been registered showing the total loss to the tune of Rs. 5 lac, copy of FIR is Ex.C-2 on record. It has been contended on behalf of the complainant that due to callous attitude and negligent services of the opposite party, who allowed the entry of the unauthorized person in the reserved coach, the said incident had happened and the complainant has suffered a huge loss to the tune of Rs. 8 lacs.

7.       Whereas the case of the opposite party is that on 15.3.2016 Sh. Vinod Kumar Dy.CIT/UMB was managing coach No. B-1 in Train No. 14153 between Saharanpur to Amritsar  and there was no irregularity or any unauthorized person detected by Sh. Vinod Kumar nor any such thing was brought to the notice of Sh.Vinod Kumar by any passenger while he was checking coach No. B-1. It was submitted by the opposite party that it was suspicious that an aged lady 75 years old was travelling alone with such valuable belongings in train. It was further submitted on behalf of the opposite party that as per the Railway Act, Railway Administration is not responsible for any loss, destruction, damage of any luggage unless a railway servant has booked the luggage and given a receipt . As the complainant had neither booked the luggage with the railway nor had disclosed the possession of any such valuable articles to any of the railway official, as such there is no liability of the railway.

8.       From the entire above discussion, it becomes evident that while travelling  of the complainant with her lady relative from Kanpur to Amritsar by train No. 14153 having PNR No. 66609746 , some unauthorized persons entered  the compartment BI in which complainant and her lady relative was travelling and snatched the suitcase and taken away some articles i.e. One diamond bracelet, one gold bracelet, one diamond set, two gold bangles, one set jewelery of Rudraksh and pearls, one American Diamond set, two diamond rings, one pearl set, Rs. 10000/- in cash and US $200 in total approximate loss of Rs. 8 lac has been done. In this regard complainant moved an application to the SHO, GRP, Amritsar vide application Ex.C-4 describing all the abovesaid articles. FIR dated 4.4.2016 u/s 379 IPC was registered showing total loss to the tune of Rs. 5 lac. Copy of FIR Ex.C-2 on record.  On this point Hon’ble Supreme Court in Sumatidevi M.Dhanwatay Vs. Union of India Ors. II(2004) CPJ 27 (SC) has observed that Railway Administration cannot escape its liability for negligence and deficiency in service in failing to prevent unauthorized persons assaulting passengers in railway compartment and taking away their luggage. The only plea of the opposite party is that as on 15.3.2016 Sh. Vinod Kumar, Dy.CIT/UMB was present  in the compartment , there was no irregularity or any unauthorized person detected by Sh.Vinod Kumar nor any such thing was brought to the notice of Sh.Vinod Kumar by any passenger . The assertion of the opposite party that no other co-passenger ever brought any such incident to  his notice is not tenable as said Vinod Kumar has not produced any evidence to prove his version. On the other hand complainant has registered an FIR mentioning the articles stolen in the said incident. However, the complainant has mentioned that a loss to the tune of Rs. 8 lac occurred in the said incident. In this regard complainant has produced on record copies of bill Ex.C-5 to Ex.C-11 on record. But, however, in the FIR loss to the tune of Rs. 5 lac has been mentioned. On the other hand opposite party has not repelled or rebutted the contents of FIR worth the loss of article to the tune of Rs. 5 lacs. The other plea of the opposite party that as  the complainant had neither booked the luggage with the railway nor had disclosed the possession of any such valuable article to any of the railway official is not tenable. In this regard ld.counsel for the complainant has placed reliance on Sachin Mittal Vs. Northern Railway 2016(4) CLT 569 of the Hon’ble Delhi State Consumer  Disputes Redressal Commission, New Delhi. The relevant para of the judgement is reproduced herein below:-

“ In our view, a passenger travelling by a train is entitled to carry certain baggage or luggage free of costs. There is no question of entrusting such a baggage/luggage to the railway and getting receipt thereof. It is the duty of the railways to see that every passenger travelling by train reaches his destination safe and sound as once railways issues a ticket to a consumer for travelling by train and permits the consumer to carry luggage it has to ensure for the safety of the passengers and also for the safety of his belongings and any shortcoming or inadequacy or imperfection amounts to deficiency in service and therefore it renders the railways liable to pay compensation as loss or injury including the mental injury suffered by him.

9.       So from the entire above discussion, we have come to the conclusion that to meet the ends of justice, it is justifiable if the complaint is partly allowed and  the complainant is awarded compensation to the tune of Rs. 5 lac ( five lacs) as detailed above . Besides this complainant is entitled to the litigation expenses to the tune of Rs. 2000/-. . Compliance of this order be made within 30 days from the date of receipt of copy of the order ; failing which complainant shall be entitled to get the order enforced through the indulgence of this Forum. Copies of the orders be furnished to the parties free of costs. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.

Announced in Open Forum

Dated : 24.3.2017