A consumer commission in Pathankot has held Northern Railways responsible for a significant deficiency in service, ordering the railway authority to pay Rs 80,000 in compensation. The ruling stems from a case where a passenger's handbag, containing cash, jewellery, and important documents, was stolen from a reserved 3AC coach on a Rajdhani Express train.
Incident on the Rajdhani Express
The incident occurred on December 14, 2021, aboard Rajdhani Express train No. 12423. A woman, traveling with her husband and child in a 3AC coach, discovered her handbag missing while the train was at Pandit Deen Dayal Upadhyay Railway Station (formerly Mughal Sarai). The bag contained Rs 5,000 in cash, a mangalsutra weighing approximately 15 grams, and an SBI passbook.
According to the complainant, the theft was noticed immediately. Attempts to locate the coach attendant proved futile, as the attendant was reportedly absent. The matter was subsequently reported to the Railway Protection Force (RPF) escort and the Train Ticket Examiner (TTE) on board. A Zero FIR was later registered at New Delhi railway station on December 16, 2021, and forwarded to GRP Kanpur Central, though the stolen items were never recovered.
Railways' Defence Rejected
Following the failure to recover the valuables, the passenger filed a consumer complaint, alleging a deficiency in service by Indian Railways. The railways argued that the station master at Pandit Deen Dayal Upadhyay Railway Station had not been informed of the theft and, under established legal principles, Indian Railways could not be held responsible for the loss of unbooked luggage, referencing the Supreme Court’s ruling in Vijay Kumar Jain V/s Union of India.
However, the commission rejected this defense. It noted that the railways' own records indicated the theft had indeed been reported to the RPF escort during the journey, directly contradicting their claim of no information received. Legal expert Sonam Chandwani, Managing Partner at KS Legal and Associates, highlighted that the commission viewed this as more than just a case of unbooked luggage, emphasizing the timely reporting by the complainants and their provision of documents proving ownership of the mangalsutra.
Negligence and Lack of Accountability
A crucial factor in the commission's decision was the alleged absence of a coach attendant at the time of the theft. The commission observed that the railways failed to effectively deny this claim or produce any duty roster or official records to prove the attendant was on duty. This omission led the commission to draw an adverse inference, concluding that the railways failed to demonstrate adequate security and vigilance within the coach.
Compensation Awarded
Finding Northern Railways guilty of deficient service, the consumer commission ordered the payment of Rs 70,000 as compensation, along with 6% annual interest from the date of the complaint until realization. An additional Rs 10,000 was awarded for mental harassment and agony. The order stipulates that if the total amount is not paid within one month of receiving a certified copy, the interest rate will increase to 12% per annum on the entire sum.