SUBHASH CHANDRA, J. RAJENDRA
Amit Sharma – Appellant
Versus
Union of India, North Western Railway – Respondent
ORDER
AVM J. Rajendra, AVSM, VSM (Retd.), Member—This Revision Petition is filed under Section 21(b) of the Consumer Protection Act, 1986 (the “Act”) against the Rajasthan State Consumer Disputes Redressal Commission, Jaipur(‘State Commission’) order dated 08.11.2016 in FA Nos. 424 and 439 of 2015, wherein the FA No. 439/2015 filed by the Complainant was dismissed and FA No.424 filed by UOI was allowed and District Consumer Disputes Redressal Forum, Ajmer (“District Forum”) order in CC No. 52/2013 dated 17.03.2015 was set aside.
2. As per report of the Registry, there is a delay of one day in filing the present Revision Petition. In view of the facts and circumstances, the delay is condoned.
3. For convenience, the parties are referred to as stated in the original Complaint before District Forum. Amit Sharma is referred to as Complainant (Petitioner herein) and Union of India is referred to as the Opposite Party (OP) No.1 (Respondent No.1) and Divisional Rail Manager is denoted as OP-2 (Respondent No.2) respectively.
4. Brief facts of the case, as per the Complainant, are that he along with his family travelled by Pooja Express from Delhi to Ajmer in AC Coach No. B-2, with reserved
Theft in Train cannot be considered deficiency in service on 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.
Theft in Railway – Valuable articles not booked with Railways & receipt not obtained – No deficiency of services on the part of Railways.
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) 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....
The responsibility for protecting personal belongings lies with the passenger and does not constitute a deficiency in service by the Railways.
(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....
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