Subject: District Consumer Commission Dismisses Complaint Against Northern Railways Over Stolen Belongings
The New Delhi bench of the District Consumer Disputes Redressal Commission–X has recently passed a verdict in a case concerning stolen items during a train journey. The bench, comprising Monika Aggarwal Srivastava (President), Dr. Rajender Dhar (Member), and Ritu Garodia (Member), made clear that passengers bear the responsibility for their personal belongings while on board a train, unless there is clear evidence of negligence on the part of the Railways.
Here’s a summary of the case: A passenger, while on a journey aboard the CG Sampark Kranti Superfast Express Train, discovered that his personal items were missing from his seat during a stop near Okhla station. These items included a Dell Inspiron 3543 laptop, its accessories, a blanket, a tracksuit, a lunch pack, and other daily necessities. Despite reporting the theft to the Nizamuddin Railway Police on the same day, the police filed a lost report instead of an official First Information Report (FIR). The passenger faced difficulty in filing a supplementary FIR, despite his persistent efforts.
The passenger took several steps to limit the damage, such as requesting Dell Inspiron to block any services on the stolen laptop and seeking help from the McAfee Antivirus support team. Despite these measures, he found himself unable to obtain a satisfactory resolution from the authorities. An FIR was finally registered after some time, but it didn’t lead to any significant progress in recovering the stolen goods. Disappointed and aggrieved, the passenger decided to file a complaint against the Northern Railways with the District Consumer Disputes Redressal Commission–X, New Delhi.
In response to the complaint, the Railways argued that passengers are responsible for the security of their unbooked luggage. They cited provisions from the Railways Act and Coaching Tariff Clause Act to support their stance. Additionally, they claimed that theft is a criminal matter, not a consumer protection issue. They further pointed out that the railway police, which falls under the state government’s jurisdiction, is entrusted with maintaining law and order. They also noted that the passenger had left his belongings unattended, especially when he used the restroom.
The District Commission referred to a precedent set by the Supreme Court in the case of Vijay Kumar Jain vs Union of India & Anr., which established that passengers are responsible for the security of their belongings during their journey. This means that the Railways can only be held liable if there is proof of their negligence.
Drawing from this, the District Commission determined that the passenger was at fault for leaving his belongings unattended while he went to the restroom. They concluded that the Railways could not be held accountable for the loss of unattended luggage. The Commission emphasized that the passenger’s lack of due diligence in protecting his belongings did not constitute a deficiency in service on the part of the Railways. Based on these findings, the District Commission decided to dismiss the complaint.
To sum it up, this judgment underscores the importance of personal responsibility while travelling. It serves as a reminder for passengers to keep a close watch over their belongings at all times during a journey.
