Amit Agarwal
Supreme Court’s vacation bench consisting of Justice Vikram Nath and Justice Ahsanuddin Amanullah has stated that thefts that occur during train journeys cannot be considered as a failure of service by the Railways.
“We fail to understand as to how the theft could be said to be in any way a deficiency in service by the Railways. If the passenger is not able to protect his own belongings, the Railways cannot be held responsible,” the bench observed.
The decision came while allowing the appeal and setting aside an order of the National Consumer Disputes Redressal Commission directing the Railways to pay ₹1 lakh compensation to a person who had lost the said amount of money during a train ride.
The respondent had raised a claim before the District Consumer Forum stating that he had lost ₹ 1 lakh cash he was carrying in a belt tied around his waist while travelling by train and sought reimbursement from the Railways.
The District Consumer Forum approved the claim and ordered the Railways to reimburse the claimant with Rs. 1 Lakh. The State Consumer Dispute Redressal Commission and the National Consumer Disputes Redressal Commission later rejected the appeals and upheld the decision of the District Consumer Forum.
Cause Title: Station Superintendent & Anr. v. Surender Bhola
Click here to access the order.