J. RAJENDRA, ANOOP KUMAR MENDIRATTA
Urmila Chadha – Appellant
Versus
Indian Railways – Respondent
JUDGMENT
AVM J. Rajendra, AVSM VSM (Retd.), Presiding Member.—This order shall decide both Revision Petitions viz. RP No. 1490 of 2018 filed by Ms. Urmila Chadha and Mr. Sushil Chadha, the Complainants and R.P. No. 2321 of 2018 filed by Indian Railways, Opposite Party (OP) under Section 21(b) of the Consumer Protection Act, 1986 (the “Act”) arising from the order dated 19.12.2017 passed by the State Consumer Disputes Redressal Commission, Delhi (“State Commission”) in FA No. 362/2015, wherein the State Commission allowed the Appeal of the Complainants and enhanced the awarded amount from Rs.15,000 to Rs.1,25,000 and directed OP to pay the amount to the Complainants within 45 days of this order.
2. For convenience, the parties are referred to as placed in the original Complaint before the District Forum.
3. As per report of the Registry, there is delay in filing of both the present Revision Petitions. For the reasons stated in the I.A. Nos. 10142 and 15346 of 2018 filed in both the parties, the delay is condoned.
4. Brief facts of the case, as per the Complainants, are that on 18.11.2012, the Complainants boarded Train No. 12649 from Yashwantpur, Bangalore to Hazrat Nizamuddin, New Delh
Theft in Train cannot be considered deficiency in service on part of Railways.
The responsibility for protecting personal belongings lies with the passenger and does not constitute a deficiency in service by the 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....
Theft in Railway – Valuable articles not booked with Railways & receipt not obtained – No deficiency of services on the part of Railways.
(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....
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.
(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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