Judicial Analysis Court Copy Headnote Facts Arguments Court observation

TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HYDERABAD (ADDITIONAL BENCH)
K. Ranga Rao, Member and R.S. Rajeshree, Member (N-J)
Government Railways, Ministry of Railways – Appellant
versus
Sabastian Leo Raj and Ors. – Respondents
F.A. No.454 of 2019
Against Orders in CC. No.418 of 2017
Decided on 21.8.2024

Advocates:
Counsel for the Parties:
For the Appellant:M/s. Vijay Sagi, Advocate
For the Respondent No.1:M/s. A. Naveen Kumar, Advocate

IMPORTANT POINT
Theft in Railway – Valuable articles not booked with Railways & receipt not obtained – No deficiency of services on the part of Railways.

Headnote:
Railways Act, 1989 – Section 100 – Theft – Negligence of complainant – No Deficiency in Service – Territorial Jurisdiction – District Forum-II Hyderabad has got territorial jurisdiction to entertain complaint of complainant – As per Section 100 of Railways Act, liability can be fastened on Railway only when the person booked the luggage & obtained the receipt – Complainant/PW1 not booked the luggage & not obtained any receipt for carrying the valuable articles with him – Carrying Gold & Silver Articles, Laptop, Mobile Phone by complainant in his travel bags can be considered as done at the personal risk of complainant – Complainant was Careless & Negligent in which case, he cannot attribute any negligence to Ops/Railway personnel – No deficiency of service on the part of Appellant/OP No.1 to compensate complainant/PW1 – District Forum erroneously allowed the complaint, which is not sustainable under law. (Paras 11, 12 and 13)
Result: Appeal Allowed.

ORDER

This appeal is preferred by the Appellant/Opposite party 1, U/s. 15 of the Consumer Protection Act, 1986, praying this State Commission to allow the appeal and to set aside the impugned order of the District Forum-II, Hyderabad passed in CC. No. 418/2017 dt.22.04.2019 and consequently to dismiss the complaint of the complainant.

2. For the sake of convenience, the parties are referred to as arrayed in the complaint. The appellant herein was opposite party No. 1. The first respondent in this appeal was the complainant and the second and third respondent in this appeal were opposite parties 2 and 3.

For the sake of clarity at the very outset it is to be mentioned here that though initially the complainant filed the complaint CC.No.418/2017 against opposite parties 1 to 3, subsequently the complainant vide a memo dt.23.02.2018 not pressed the claim against opposite parties 2 and 3 as such at the threshold itself the District Forum dismissed the claim against opposite parties 2 and 3 basing on the said memo.

3. The brief facts of complaint are as follows:-

The complainant is working in M/s. VAG Valves Ltd., Hyderabad as a Manager-Supply Chain Management, vide ID. No. 214817. He received an invitation from his cousin to attend to his marriage on 27.08.2017 at their native place in Coimbatore. On 22.06.2017 the complainant booked two tickets vide PNR No.4233210022, by using Paytm order ID:3419743399 for him and his wife Smt. S.Sonia Elizabeth to travel in Sabari Express No.17230 from Hyderabad to Coimbatore junction on 25.08.2017. He was allotted berth No.38 in coach No.S6 and his wife was allotted berth No.40 in the same coach. He paid a sum of Rs.1010/- towards the cost of two tickets which were confirmed. On 25.08.2017 the complainant and his wife along with their 14 months baby daughter boarded the Sabari Express at Nampally Railway Station, Hyderabad by carrying 4 bags i.e. 2 travel bags, one Hand bag and one big shopper. Out of two travel bags the missed travel bag color is Red and Black and the same contains the dress of baby and a mobile phone Model Honor 4C SIM.No.8870588725/9652019955-IMEI No.866778025827696 and its cost is Rs.10,000/-. The other travel bag contained Laptop (Fujitsu/Life Book E-Series) worth of Rs.80,000/- and Gold Jewellery i.e. Harram of 36 grams, Bangles of 12 grams, Bracelet of 4 grams, Two rings of 2 grams and 4 grams, Necklace of 20 grams, hangings of 4 grams, Chain of 8 grams. Silver Anklet worth of Rs.2,000/- and silver hip chain worth of Rs.2,000/-. The purpose of their travel to Coimbatore was purely to attend to the marriage of their close relative as such they carried their entire jewelry so as to wear the same in the wedding function as per the local tradition.

The complainant further submits that they were no Guards in coach No.S6 up to Jolarpet Station and doors of all sides were completely opened, giving access to any one to enter into coach freely. Two men and women with one small boy were roaming around the berths of complainant and his wife in S6 coach as they did not possess the reserved tickets to travel in S6 Coach. Suspecting them, the complainant most diligently put their luggage bags below their Berths No.38 and 40 respectively, but they were asleep due to tiredness in the day work as also in the journey. On the early morning of 26.08.2017 around 4.00 A.M. when the complainant’s wife woke up to feed the baby, she found that the first travel bag containing baby dresses and mobile phone was missing and second travel bag containing laptop, Gold Jewelry and silver jewelry was open and the above valuable items were found stolen by some miscreants. The offence might have been committed around 12:00-02:00 hrs at Chittoor Railway Station as the said suspected passengers were not found in the coach after Chittoor Railway Station. The Conductor (TTE) was not even present in S6 coach at that time which must have facilitated unauthorized entry and theft. The Railway Police or the TTE never ca