Due to the negligence of the railway employees, the railway department is responsible if the luggage of the passenger is stolen during the journey in the train.-State Consumer dispute redressal commission, Chandigarh

The State Consumer Disputes Redressal Commission has said in its recent decision that if a passenger's luggage is stolen from the reservation compartment, then it is the responsibility of the railway department to compensate for the loss.Because it is the responsibility of the railway department to provide security inside the compartment.The commission has given this decision while hearing a dispute arising out of an incident of purse snatching inside the compartment.                                  According to the case, Chandigarh resident Ramveer and his wife Mamta were going to Delhi on November 5, 2018, in the Goa Sampark Kranti Express.Husband and wife were traveling in coach number 7 of Goa Sampark Kranti exprrss.Meanwhile, when the train left from Ambala Cantt, a stranger snatched Mamta's purse and jumped from the moving train.According to the allegation, the purse contained gold ornaments, a mobile, cash of Rs 9,500 and some documents.The complainant said that he contacted T.T.E but he did not help.When the complainant asked the T.T.E about the security, he replied that there is no RPF or  GRP security personnel deployed in the train.                                                                                      The complainant alleged that when the train left from Chandigarh Railway Station, some unauthorized persons were roaming inside its reserved coach.He complained about this to T.T.E but T.T.E did not take any action against him.When the train stopped at Ambala Cantt some unauthorized persons from Ambala Cantt also entered the reserved coach, T.T.E  made no effort to stop these unauthorized persons from entering the reserved coach nor closed the compartment doors.T.T.E completely failed to perform its duty.                                                       According to the complainant, after the incident of his wife snatching her purse and running away, he approached GRP Ambala to initiate action against this snatcher, to recover the valuables and documents.After deboarding the train in New Delhi, he lodged a complaint at the GRP station in New Delhi, wrote an email to the higher officials of the railway department, but no action was taken against the snatcher.                                 The petitioner filed a complaint in the District Consumer Forum and demanded compensation for the loss.                                                                                            Railway department officials argued that the complaint of the complainant is false as no such incident has been registered by T.T.E. nor any complaint was registered at G.R.P police station in Ambala Cantt.The complainant had not registered any such complaint even in the complaint book available with the TTE.,T.T.E. also submitted that on 5th November 2018 only 17 passengers had traveled in coach no 7 and there was no unauthorized person in the coach till New Delhi.                                                                                            After hearing both the parties, the District Consumer Forum dismissed the complaint of the complainant. Against the decision of the District Consumer Forum to dismiss the complaint, the complainant appealed to the State Consumer Commission.                                         During the hearing in the State Consumer Commission, the Railway officials argued that the petitioner does not come under the definition of a consumer under the Consumer Protection Act, 1986.And as per Section 100 of Railway Act 1989 Railway is not responsible for loss, destruction, deterioration and non-delivery of unbooked baggage.                                                                      The division bench of Justice Raj Shekhar Attri and Justice Rajesh K.Arya of the State Commission, while accepting the appeal against the D.R.M. of New Delhi, Railway Superintendent of Chandigarh, D.R.M of Ambala Cantt, Ministry of Railways, said that The railway authorities have to ensure the safety of the luggage of the passengers and they also have to ensure the availability of security personnel for the safety of life and luggage of the passengers during the journey,No unauthorized persons other than passengers are to be allowed to enter the coach.                                                                                      The State Commission while hearing the appeal said that the appellant did not get any help after the incident, finally he lodged a complaint after reaching New Delhi.One can imagine the plight of the appellant who was traveling as a family when the purse in which they kept their gold ornaments, ATM cards, cash etc. was stolen during the journey.Due to which the appellant had to face a lot of hardship.The appellant has lost his valuable and essential belongings because of this loss, the appellant has definitely suffered mental agony and agony.                                                                                            Thus, it is a case of breach of general duty of reasonable care which is applicable to all carriers including railways, the commission said.This is not a case where the lapse on the part of the Railway authorities can be said to be totally unforeseen or beyond control.                                       The commission, while settling the dispute, directed the petitioner to pay ₹ 155000, out of which ₹ 105000 is compensation for the loss caused to the petitioner and the remaining amount has been imposed on the railway department as a fine.