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A. P. SAHI, INDER JIT SINGH
Northern Railway Railway Station – Appellant
Versus
Balbir Singh – Respondent
ORDER
Dr. Inder Jit Singh, Member—The present Revision Petition (RP) has been filed by the Petitioner against Respondent as detailed above, under section 21(b) of Consumer Protection Act, 1986, against the order dated 25.09.2014 of the State Consumer Disputes Redressal Commission, U.T., Chandigarh (hereinafter referred to as the ‘State Commission’), in First Appeal (FA) No. 311/2014 in which order dated 13.08.2014 of District Consumer Disputes Redressal Forum-I, U.T. Chandigarh (hereinafter referred to as District Forum) in Complaint (CC) No. 656/2013 was challenged, inter alia praying for setting aside the orders passed by the State Commission and dismissing the complaint.
2. While the Revision Petitioner (hereinafter also referred to as Opposite Party) was Appellant before the State Commission and Opposite Party 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 23.03.2015. Petitioner filed Written Arguments on 16.07.2020 (Petitioner). Written arguments not filed by the Respondent.
3. Brief facts of the case, as emerged
(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.
Theft in Train cannot be considered deficiency in service on part of Railways.
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