Loss of luggage during Train Journey
According to data collected by the Indian Railways, 55,369 cases of theft of passengers’ belongings and 1570 robberies took place inside running trains in the last 3.5 years. 9,222 cases of thefts of passengers’ belongings were registered between January and June 2023. The rapidly increasing number of thefts is a cause of serious concern.
What is the legal position about the theft in trains
Who is responsible for the theft of luggage of a passenger travelling with ticket and reservation? Is the Indian Railways responsible?
First Case of the Supreme Court
Ms. Radha Ramanathan purchased a railway ticket from Hazrat Nizamuddin to Secunderabad in a reserved AC coach for her journey on 22 January 2003. She was carrying some valuable sarees and jewellery as she was going to Secunderabad to attend a ceremony. When she boarded the train, she found that there was no chain under the berth by which she could fasten her luggage. On reaching Bhopal Station, she found that her suitcase was missing. She immediately contacted the coach attendant and lodged a Complaint.
In 2005, Radha Ramanathan filed a complaint in the District Consumer Forum, Delhi asking the Railways to pay a sum of Rs 1.33 lakh towards loss of baggage, compensation for harassment and cost of litigation. She alleged that many unauthorized passengers had entered the coach and neither the ticket checker nor the Railway Protection Force took any step to get them out even when she raised objections on it.
The District Consumer Forum directed the Railways to pay Rs.1,33,400 to Radha Ramanathan for the loss of luggage. Delhi State Consumer Disputes Redressal Commission and the National Consumer Disputes Redressal Commission, both dismissed appeals filed by the Railways.
The Railways preferred appeal before the Supreme Court. They said that the suitcase was not lost due to negligence of Railway staff. They claimed that the Complainant was negligent and her allegations were baseless.
The plea against the 4 February 2019 judgement of the National Consumer Disputes Redressal Commission came up for hearing on 12 February 2021 before a bench comprising Justices D Y Chandrachud and M R Shah. The Bench rejected the plea of the Railways and upheld the orders of the three lower forums directing the Railways to pay for loss of luggage. Thus, the Supreme Court confirmed the responsibly and consequential liability of the Railways.
Second Case of the Supreme Court
Surendra Bhola, a businessman claimed compensation from the Railways for the loss of Rs 1 lakh that was stolen from his waist belt during a train journey. The National Consumer Disputes Redressal Commission ordered the Railways to pay the businessman the claimed amount.
The Railways preferred appeal to the Supreme Court. On 15 June 2023, a vacation bench, comprising Justices Vikram Nath and Justice Ahsanuddin Amanullah, overturned the National Consumer Disputes Redressal Commission’s decision. They held that the theft of a passenger’s luggage during a train journey cannot be considered a deficiency in the Railways’ service. The bench clarified that the Railways cannot be held responsible if the passenger fails to safeguard their belongings.
Unfortunately, this decision was passed ex parte. And the Bench has not referred to any earlier decision. This decision appears to be erroneous.
The latest position
Both the decisions are of two Judge benches. The second decision virtually overturns the first decision. I do not know how this can happen. And what will be the Supreme Court’s stand in future cases.
But my sincere advice is that if you are travelling with some valuables, take a travel insurance policy. It is quite inexpensive. And you will be 100% safe.
I actually faced this problem around 30 years back. But this is a common problem. The number of thefts and robberies in running trains is increasing very fast.
The Supreme Court should take a clear stand.
The law on this point should be clear.
But I advise every passenger to insure his luggage.