The Uttarakhand State Consumer Disputes Redressal Commission has held Indian Railways liable for negligence after valuables were forcibly taken from passengers travelling in a reserved AC coach of the Mewar Express, finding that the coach doors were left open and railway staff were unavailable at the time of the incident.
The commission upheld compensation of Rs 47,222 in favour of the complainants, along with 7 per cent annual interest on Rs 37,222 from July 31, 2020, until payment.
Commission president Kumkum Rani and member B S Manral were hearing an appeal filed by the Union of India and railway authorities against a May 11, 2022 order of the District Consumer Commission, Dehradun.
The district commission had awarded Rs 37,222 towards the loss suffered by the complainants, Rs 25,000 for mental agony and Rs 10,000 as litigation expenses. The state commission ultimately awarded Rs 47,222, comprising Rs 37,222 as compensation and Rs 10,000 towards litigation expenses.
Doors Left Open, Railway Staff Unavailable
The case arose from a journey undertaken by the complainants from Udaipur to New Delhi on July 1, 2018, in a reserved AC coach of the Mewar Express.
At around 4 am on July 2, when the train reached Mathura, unauthorised persons allegedly entered the coach and forcibly took away belongings belonging to two passengers.
According to the complaint, a large bag belonging to Veena Dobhal was taken while she was sleeping on her berth. The bag had been kept under her head beneath the pillow. She woke up when it was removed and raised an alarm.
Other family members and passengers tried to catch the person, but he jumped from the moving train with the bag.
The passengers then looked for the coach attendant, RPF personnel and the TTE, but none of them was available inside the coach. The TTE was later contacted and informed about the incident.
An FIR form was filled out and handed over to the Government Railway Police at Hazrat Nizamuddin Railway Station. A Zero FIR was registered at 7:50 am on July 2, 2018. The complainants said they were unable to ascertain the outcome of the investigation despite their efforts.
Railways Blamed Passengers for Safeguarding Luggage
The Railways denied negligence and contended that passengers were responsible for protecting luggage carried by them.
It relied on provisions of the Railways Act relating to loss or damage to luggage and argued that the complainants had neither booked the luggage with the Railways nor declared that they were carrying valuables.
The Railways also submitted that passengers were advised to secure their luggage with chains and that the complainants had failed to follow those instructions.
It further maintained that reserved coaches were meant only for authorised passengers and that coach attendants and TTEs were responsible for ensuring that the doors remained closed during the night.
Commission Rejects Railways’ Defence
The state commission rejected the Railways’ defence after noting that the complainants had specifically alleged that the coach doors and the end doors of the vestibule had not been locked.
It also found that the Railways had not specifically denied this allegation and had not produced evidence from either the coach attendant or the TTE to show that the doors had been kept closed.
The commission observed that had the coach doors been properly locked or closed, there would have been no opportunity for unauthorised persons to enter the coach and commit the theft.
It further noted that no coach attendant, police personnel or TTE was present inside the coach when the incident occurred.
The commission therefore concluded that negligence on the part of the railway administration and its staff stood established.
It also rejected the argument that remedies available under railway laws barred a consumer complaint, holding that remedies under the Consumer Protection Act are in addition to those available under other laws.
The commission accordingly upheld the award of Rs 47,222, with 7 per cent annual interest on Rs 37,222 from July 31, 2020, until payment.
