6 hrs ago
Consumer Commission Rejects Claim Over Stolen Unbooked Train Luggage
A passenger said his family’s luggage was stolen during a train trip from Kanpur to Raipur.
The bags held jewelry and clothes.
He reported the theft and asked for Rs 5 lakh in compensation from the Railways.
The Railways said the luggage had not been booked or declared as valuable.
A consumer commission agreed that the bags were unbooked and in the passenger’s care.
It said passengers must look after their personal belongings on the train.
The commission dismissed the compensation claim.
Its order referred to Section 100 of the Railways Act.
A Chhattisgarh District Consumer Commission dismissed a passenger’s claim for Rs 5 lakh over luggage stolen on the Garib Rath Express.
The passenger and his family travelled from Kanpur to Raipur on October 29, 2015; he discovered the luggage missing the next morning.
The missing luggage reportedly contained valuable jewelry and clothes, and the passenger reported the theft to the Government Railway Police in Raipur.
The commission said the luggage was unbooked, within the free allowance, and carried in the passenger’s custody.
Relying on Section 100 of the Railways Act, the commission said the Railways was not liable for the loss and that the passenger was responsible for safeguarding the belongings.
- Who
- A passenger and his family, and the Indian Railways.
- What
- The Chhattisgarh District Consumer Commission dismissed a Rs 5 lakh claim over stolen luggage.
- Where
- On the Garib Rath Express travelling from Kanpur to Raipur; the case was heard in Chhattisgarh.
- When
- The journey took place on October 29–30, 2015; the commission issued its order on September 29, with the year not stated.
- Why
- The commission found the luggage was unbooked and in the passenger’s custody, and said the passenger was responsible for safeguarding it under the applicable rules.
Passenger’s position
Railways’ position
Responsibility for the theft
Passenger’s position
The passenger alleged that the Railways failed to provide proper safety and security in the coach, amounting to deficiency in service.
Railways’ position
The Railways argued that unbooked personal luggage in a passenger compartment remained in the passenger’s custody and was carried at the owner’s risk.
Declaration and compensation
Passenger’s position
The passenger said the stolen goods were not returned or replaced and sought Rs 5 lakh in compensation.
Railways’ position
The Railways said the passenger had not declared the luggage’s contents or value or paid the required fee; the commission found no document establishing such a declaration.
Key facts
- Claim
- Rs 5 lakh compensation
- Train
- Garib Rath Express
- Route
- Kanpur to Raipur
- Journey dates
- October 29–30, 2015
- Reported loss
- Luggage containing valuable jewelry and clothes
- Relevant law
- Section 100 of the Railways Act
- Decision
- The claim was dismissed; the order date was reported as September 29, without a year.
Quotes
Chhattisgarh District Consumer Commission
The consumer commission that decided the passenger’s compensation claim.
“The Supreme Court has held that passengers are responsible for safeguarding their own belongings. In cases of theft of luggage, the Railways cannot be held liable for deficiency in service.”
indianexpress.com
Sources
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