THANE: Thane additional district consumer disputes redressal commission has held the railways guilty of deficiency in providing service and directed it to pay Rs 2.5 lakh with 12% interest to an elderly couple robbed of a handbag containing cash, a cellphone and jewellery worth Rs 2.5 lakh while travelling from Mumbai to Bhopal by train in 2018.
The commission referred to a 2004 Supreme Court judgment in Sumatidevi Dhanwatay versus Union of India case, which stated that the railways cannot escape liability for negligence and deficiency in service by failing to prevent unauthorised persons from assaulting passengers in a compartment and stealing their luggage. It said the TTE will prevent unauthorised persons from the coach and remain vigilant at night.
The commission also referred to a ruling of the national commission in the Union of India versus Sanjeev Dave case, which stated that the TTE has to stay alert and if a theft takes place when he or she is present, then it is proved that he or she has been negligent in duty.
The commission observed that the railways had failed to question the attendant who had come near the complainants’ berths to spray a room freshener and directed them to pay Rs 30,000 for physical and mental agony and Rs 15,000 for expenditure to the couple.
Nerul-based complainants Bhanu Shukla (69) and his wife Meena Shukla (68) said they were travelling in the AC 2-Tier compartment of Punjab Mail to Bhopal on April 26, 2018, to attend a wedding. After the journey commenced around 7.20pm, the train attendant sprayed a room freshener near their berths before they went to sleep. Subsequently, around 3am, when the train reached Burhanpur station, Meena Shukla woke up and found her handbag containing the valuables stolen.
The TTE and the attendants looked for the bag could not find it. At Khandwa station, a head constable arrived and registered an FIR.
After returning from Bhopal, when the couple enquired with Bhusaval railway police, they were told the FIR registered at Khandwa was still to reach them. Thereafter, Bhusaval railway police registered an FIR and later filed a report before the magistrate stating that the accused and the material stolen has not been found.
The couple in their complaint said they had shelled out a large sum for the AC 2 Tier tickets for safe and secure travel. The railways in their response stated the TTE had provided all assistance to them and there was no negligence on part of the staffers. The railways stated they have a monetary liability only when passengers hand over belongings to the railways.
The railways said the matter is sub judice and Bhusaval GRP has not been made party. Besides, the railway administration has no control over the railway police.
The commission said Clause 100 of the Railways Act shows the railways are responsible for the safety of belongings in passengers’ custody.
