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INDER JIT SINGH, SADHNA SHANKER
Manju Chaurasia – Appellant
Versus
Union of India, East Coat Railway – Respondent
ORDER
Dr. Sadhna Shanker. Member—This revision petition under section 21(b) of the Consumer Protection Act, 1986 (in short, the ‘Act’) in challenge to the order dated 06.06.2024 in First Appeal No.293 of 2023 of the State Consumer Disputes Redressal Commission, Chhattisgarh (in short, the ‘State Commission’) arising out of an order dated 13.10.2023 of the District Consumer Disputes Redressal Forum, (in short, the ‘District Forum’) in consumer complaint No.1251 of 2018.
2. Briefly stated, the facts of the case are that on 03.05.2018 the complainant was travelling from Puri to Durg with her two minor sons, in a reserved air condition sleeper class in train No.18425, operated from Zone Sambalpur (Orissa) of East Coast Railway. As it was night, the complainant and her children were resting in their reserved seats after having food etc. It is alleged that when she woke up at 3.50 a.m. she found that her handbag kept with her was stolen by an unknown thief near Sambalpur. The complainant informed the coach attendant and the TTE accompanying her and lodged a report with GRP Titlagarh, respondent No.3. It is alleged that the said handbag contained four tolas of gold necklace, three gold rin
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....
(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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