10 years after luggage theft, Railways ordered to pay man Rs 1.45 lakh

A DISTRICT consumer disputes redressal commission in Delhi last week directed the Northern Railways to pay Rs 1.45 lakh to a passenger to cover the loss of items worth Rs 1.2 lakh that were stolen from him while he was travelling by train from Delhi to Patna in 2014.

Among the items stolen from passenger Ajoy Kumar were a gold chain, a gold ring, four sarees, and two suits.

While Kumar had argued that his luggage was stolen due to the carelessness of the authorities, the Railways argued that they were not responsible for “luggage carried in personal custody” or “unbooked” items.

Citing Section 10 0 of the Indian Railways Act, they argued that the complaint should be dismissed as the Railways was not “liable for unbooked luggage”.

However, siding with the consumer, the National Consumer

Disputes Redressal Commission ( NCDRC) held on April 16 that the Railways could be held liable for negligence in ensuring the safety of passengers and their luggage.

The Railways had also contended that an FIR was filed 10 months after the theft, and the consumer complaint was lodged two years after the incident.

Rejecting the arguments, the commission held that the passenger had initially approached the TTE for the FIR to no avail. The NCDRC also noted that when the complainant followed up with RPF at Baroda House in New Delhi, on the matter, the theft was acknowledged, but an FIR was not registered.

The Railways had argued that they were not responsible for ‘ luggage carried in personal custody’ or ‘ unbooked’ items.