The Railway Administration shall not be responsible for the loss, destruction, damage, deterioration, or non-delivery of any luggage unless a railway servant has booked the luggage and given a receipt therefor.

ORDER :

Mr. Justice C.B. Bajpai, President-This order shall dispose of the appeal preferred by the appellants/OPs. being aggrieved by the order dated 25.8.2018, passed by the District Consumer Disputes Redressal Forum, Durg (C.G.) (in brevity “District Forum”) in Complaint Case No. C.C./17/899, whereby and whereunder the concerned District Forum, has allowed the complaint filed by the respondent/complainant and directed that the appellants/OPs are jointly and severally responsible to pay a sum of Rs. 9,35,300 as compensation, also Rs. 20,000 as compensation towards mental harassment and Rs. 10,000 towards cost of complaint to the respondent/complainant.

2. The facts of the complaint in brief are that the respondent/complainant had filed a complaint before the concerned District Forum stating that on 9.5.2017, the respondent/complainant and his four other family members after joining marriag ceremony were returning back from Katni (M.P.) to Bhilai (C.G.).. They got their berth reserved in the Second Class Sleeper Coach of Amarkantak Express. The family members of the respondent/complainant occupied berth Nos.49, 52 at Coach No. S-8 and berth No. 69, 70 and 72 at Coach No. S-9. The wife of the respondent/complainant locked her American Tourister Bag by two chain below the berth and they slept. Till Anuppur Station, the said bag was safe. The GRP also conducted gust between Anuppur. His bag was stolen from Coach No. S-8 berth No. 49. The respondent/complainant had occupied the berth in Coach No. S-9. When he was informed, he rushed to Coach No. S-8 and thereafter the respondent/complainant informed the G.R.P. Police, available in the train. The G.R.P. staff had lodged report and suggested the respondent/complainant to lodge the detailed First Information Report after collecting the facts as to what golden ornaments were stolen. Thereafter when the respondent/complainant reached to Durg Station, he had lodged report by giving description of the golden ornaments stolen. When his stolen bag and golden ornaments were not recovered, he gave legal notice to the appellants/OPs, thereafter he had filed complaint before the concerned District Forum mentioning that the golden ornaments worth Rs. 6,60,330, silver metal worth Rs. 1,00,000 , Sarees and Clothes worth Rs. 50,000 and cash Rs. 1,25,000 total articles worth Rs. 9,35,300. When the respondent/complainant remained unsuc-cessful, to get the above articles back and recovered, he had filed the complaint before the concerned District Forum.

3. Before the concerned District Forum, it was the stand of the appellants/OPs that the family members of the respondent/complainant were not travelling in their allotted seats, hence the Railway is not responsible for any inconvenience. The said goods/articles were not booked. They were not insured and as per the provisions contained in Section 100 and Sub-section (2) of Section 103 of The Railways Act, 1989, if the goods are not booked, Railway shall not be responsible for any loss or theft. The Railways had taken care by publicising this fact that they shall be responsible for safety and security of their belongings. The respondent/complainant was travelling in Coach No. S-9 and the bag was stolen from Coach No. S-8, where the respondent/complainant was not sleeping, hence the Railway is not responsible. There were security checks in train. It is admitted by the respondent/complainant himself in para 10 of the complaint and also there is no any negligence or non-co-operation o the part of G.R.P. officials, who had immediately lodged report and advised the respondent/complainant to give the detailed descriptions of the golden ornaments and other belongings stolen, at Durg Station. With this they have co-operated and gave services as required hence, prayed that the complaint filed by the respondent/complainant may be dismissed and also as his articles were stolen on 4.3.2016 and he had taken a stand that on account of this he had not kept the ornaments