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SANGITA DHINGRA SEHGAL, PINKI
General Manager, Northern Railway – Appellant
Versus
Ved Prakash Sharma – Respondent
JUDGMENT
The present Appeal (First Appeal) has been filed by the Appellant against Respondent as detailed above, against the order dated 06.08.2016 passed by the District Consumer Disputes Redressal Commission-II, (District South-I) (hereinafter referred to as District Commission) in Complaint (CC) No.502/2008, inter-alia praying for setting aside the order passed by the District Commission.
2. While the Appellant was Opposite Party before the District Commission and the Respondent was Complainant before the District Commission.
3. The facts of the case as per the District Commission record are as under:
“Briefly stated, the case of the Complainant is that he had booked tickets on 23.07.08 for train No.2557 SaptKranti Express berth Nos.17 and 20 in coach No.S-11. At around 22.30 p.m. when they reached at Lucknow station two GRPF staff who were not in uniform came in the coach and started checking the luggage of the passengers and misbehaving with the passengers and when the Complainant protested against it they started abusing him and beat him. At that time, TT was also present but he did not stop them. When the GRPF staff left he found that his wife’s purse containing some cash,
(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....
(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....
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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