Unauthorized Entry into Reserved Coach Leading to Theft is 'Deficiency in Service' by Railways: Chhattisgarh State Consumer Commission - 2025-09-01

Railways Held Liable for Theft in Reserved Coach, State Commission Upholds Compensation Order

Raipur, Chhattisgarh – The Chhattisgarh State Consumer Disputes Redressal Commission has affirmed that the Indian Railways is liable for deficiency in service when a passenger's luggage is stolen from a reserved coach due to the entry of unauthorized persons. The Commission, comprising President Justice Gautam Chourdiya and Member Pramod Kumar Verma, dismissed two appeals filed by the South East Central Railway (SECR), Bilaspur, upholding the compensation awarded by the District Commission to affected passengers.

The Commission emphasized that the failure to prevent unauthorized entry into reserved compartments constitutes negligence and a clear lapse in service, making the Railways responsible for the resulting loss to passengers.

Case Background

The appeals were filed by SECR against the orders of the District Consumer Disputes Redressal Commission, Bilaspur, which had directed them to compensate two separate groups of passengers who were victims of theft on the same train journey.

The primary case involved Dr. Bhupender Kaur, who was traveling in a Second AC coach of the Amarkantak Super Fast Express (Train No. 12854) on July 27, 2015. Her suitcase, containing gold and diamond jewelry valued at approximately ₹13 lakh and clothes, was stolen between Anuppur and Bilaspur. The District Commission had awarded her ₹4,50,000 for the value of the stolen goods, ₹50,000 for mental distress, and ₹5,000 for litigation costs. A similar incident occurred in another coach on the same train, involving passengers Suresh Kumar Chaudhary and his wife.

Arguments from Both Sides

Railways' Contentions (Appellant): The SECR counsel argued that the Railways could not be held liable for several reasons:

* Under Section 100 of the Railways Act, liability for luggage loss is only applicable if the items are officially booked and a receipt is issued, which the passenger had not done.

* Valuable items like gold and jewelry must be declared and booked by paying an additional fee as per Section 103 of the Railways Act, failing which the passenger carries them at their own risk.

* The passenger was allegedly negligent with her own belongings.

* The on-duty TTE had not allowed any unauthorized person into the coach, and the passenger had initially refused to fill out an FIR form when offered on the train.

Passenger's Contentions (Respondent): The counsel for Dr. Kaur argued that as a ticket-holding passenger in a reserved coach, she was entitled to a safe and secure journey. The theft itself was evidence of a security lapse and a failure by the Railways to prevent unauthorized individuals from entering the compartment, which amounts to a deficiency in service.

Commission's Analysis and Ruling

The State Commission rejected the Railways' arguments, finding them responsible for the security breach. The bench observed that thefts occurred in two different coaches on the same train on the same day, pointing to a significant security failure.

The Commission held that the "railway administration failed to prevent unauthorized persons from entering the reserved coach, which led to the said incident of theft due to the negligence of the Railways." This failure was deemed a clear "deficiency in service."

Citing a 2023 National Commission ruling in Ashok Kumar Purohit Vs. Divisional Commercial Manager, South , the Commission reiterated the principle:

"…the alleged incident when the luggage of complainant was stolen by an unknown person at night while travelling in reserved coach indicates that actually, how did unauthorized persons entered the reserved coach as it is the duty of the Railway to see that there is no unauthorized entry in the reserved coach. Thus, the way the said incident occurred, it shows deficiency in service on the part of the Railways..."

The Commission found the District Commission's order to be well-reasoned and legally sound, requiring no interference.

Final Decision

The State Commission dismissed both appeals filed by the SECR, confirming the orders of the District Commission dated September 15, 2023. The Railways must now pay the awarded compensation to the passengers. This judgment reinforces the responsibility of the Railways to ensure the safety and security of passengers and their belongings within reserved compartments.