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M.P.STATE CONSUMER DISPUTES REDRESSAL COMMISSION

PLOT NO. 76, ARERA HILLS, BHOPAL (M.P.)

APPEAL NO. 350/2018

1. Chairman

Railway Board India

Rail Bhawan

New Delhi

2. General Manager

Western Railway

Office – Near Dot Ki Puliya

Ratlam (M.P.)

3. Station Manager

Railway Station

Indore (M.P.) ... Appellants

VERSUS.

Smt. Deepika

W/o Jai Chaturvedi

R/0 – 202, Puneet Villa Apartment

Sector-C, Bakhtavar

Ram Nagar

Indore (M.P.) – 452 001 ... Respondent

BEFORE;

HON’BLE JUSTICE SUNITA YADAV, PRESIDENT

HON’BLE DR. MONIKA MALIK, MEMBER

COUNSEL FOR THE PARTIES:

SHRI H.S. RAJPUT, LEARNED COUNSEL FOR APPELALNT.

NONE FOR RESPONDENT.

O R D E R

( 27.02.2026 )

Per say - Justice Sunita Yadav, President.

: 2 :

This appeal by the appellants/opposite parties-Railways

assails the order dated 10.9.2018, passed by the District

Consumer Disputes Redressal Commission No.1, Indore (for

short ‘District Commission’), in complaint case No. 129/2015,

whereby the District Commission has allowed the complaint

filed by respondent/complainant (hereinafter referred to as

‘complainant’).

2. Briefly put, the facts of the case, as narrated by the

complainant are that on 1.2.2014, the complainant, with his

mother was travelling from New Delhi to Indore by train No.

12920, Malwa Express, in coach A-7, berth Nos. 59 and 63.

During journey, near Jhansi Station, an unknown person took

away purse of the complainant in which there were three gold

rings, pan card, cash of Rs.5000/-, mobile phones etc. After

reaching Indore, on 2.2.2014, the complainant lodged a report

regarding the incident with the GRP Police Station but the

opposite party did not take any action regarding the stolen good

nor paid any compensation. It is, therefore, alleged that due to

deficiency in service on the part of appellant/Railways and their

employees the incident of theft has occurred, resulting to huge

monetary loos to the complainant. Therefore, the complainant

: 3 :

approached the District Commission by filing the instant

complaint, seeking relief.

3. The appellant/Railways resisted the complaint and in

their reply before the District Commission has raised a

preliminary objection that since the incident of location was

Jhansi Railway Station, which falls within Jhansi District and

the District Commission, Indore has no territorial jurisdiction to

entertain the complaint. It has been further submitted that the

stolen article was neither booked, nor any receipt has been

issued by the Railways. Therefore, the Railway is not

responsible for the theft. The complainant didn’t take care of

his luggage and because of his carelessness the purse was

stolen. There is no deficiency in service on its part and the

complaint is liable to be dismissed.

4. The District Commission after appreciating the

evidence filed by the parties, allowed the complaint filed by the

complainant and directed the appellant/Railways to pay

Rs.10,000/- to complainant. In addition Rs.2,000/- for physical

and mental agony with Rs.1,000/- as costs has also been

awarded. Hence this appeal.

: 4 :

5. Learned counsel for appellant/Railways argued that

the impugned order is perverse and against the settled

principle of law. The District Commission has failed to

consider the documents and evidence of the Railways.

Therefore, the impugned order be set aside.

6. Heard and perused the record.

7. It is not in dispute that 1.2.2014, the complainant, with

his mother was travelling from New Delhi to Indore by train No.

12920, Malwa Express. As per the arguments of the

complainant, she was travelling with mobile phones, currency

and other valuables. However, the complainant has failed to

show that she was vigilant and kept her luggage chained and

locked with the hooks provided beneath the berth.

8. As far as question of complainant travelling with

currency and other valuables is concerned, Rule 1101 of

Commercial Manual of Indian Railways, issued by Ministry of

Railways, Government of India is relevant which reads as

under :-

1101. Responsibility of Railway as carrier of such

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articles: These are