Back
A. P. SAHI, INDER JIT SINGH
Union of India – Appellant
Versus
Daya Shanker Tiwari Basant Kumar Tripathi (LRs) – Respondent
ORDER
Dr. Inder Jit Singh, Member—The present Revision Petition (RP) has been filed by the Petitioners against Respondent as detailed above, under section 21(b) of Consumer Protection Act, 1986, against the order dated 01.01.2015 of the State Consumer Disputes Redressal Commission, U.P. (hereinafter referred to as the ‘State Commission’), in First Appeal (FA) No. 2223/2005 in which order dated 26.03.2003 of District Consumer Disputes Redressal Forum, Pratapgarh (hereinafter referred to as District Forum) in Complaint (CC) No. 205/2003 was challenged.
2. While the Revision Petitioners (hereinafter also referred to as Opposite Parties) were Appellants before the State Commission and Opposite Parties before the District Forum and the Respondent (hereinafter also referred to as Complainant) was Respondent before the State Commission and Complainant before the District Forum. Notice was issued to the Respondent on 08.09.2015. Parties filed Written Arguments on 16.07.2020 (Petitioner) and on 17.09.2018 (Respondent) respectively.
3. Brief facts of the case, as emerged from the RP, Order of the State Commission, Order of the District Commission and other case records are that: -
The complain
(1) Railways – Railways will be responsible for the theft or loss of the luggage carried by passengers in the reserved Coach if it is established that such loss or theft occurred due to negligence or....
Railway will be responsible for theft or loss of luggage carried by passengers in reserved Coach if it is established that such loss or theft occurred due to negligence or misconduct on part of Railw....
(1) Railway Administration bears responsibility under Railways Act as well as Consumer Protection Act to ensure safety of passengers and their belongings during transit.(2) When theft occurs on a run....
Theft in Railway – Valuable articles not booked with Railways & receipt not obtained – No deficiency of services on the part of Railways.
Immunity – It is the settled law that immunity of the Railways under Section 100 of the Railways Act is of no consequence in the event of actual negligence and deficiency in service.
Negligence must be proven for railway liability under Section 100 of the Railways Act, 1989.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
