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NCDRC dismissed Indian Railways’ argument that under Section 100 of the Railway Act, they are not responsible for loss. (AI image)
The National
Consumer Disputes
Redressal Commission (
NCDRC
) has ordered Indian Railways to compensate a passenger whose belongings were stolen on the
Amarkantak Express
in May 2017.
The passenger, Dilip Kumar Chaturvedi, had taken “reasonable precautions” to secure his luggage, but the Travelling Ticket Examiner (TTE) failed to prevent “outsiders” from entering the reserved coach.
According to a TOI report, the NCDRC dismissed Indian Railways’ argument that under Section 100 of the Railway Act, they are not responsible for loss, destruction, or deterioration of luggage unless it has been booked and a receipt has been given.
The bench imposed a cost of Rs 20,000 on Indian Railways for causing mental agony to the passenger and said, “…it is concluded that Railways is liable for the theft, and there was deficiency in service provided to the petitioner (passenger) owing to negligence of railway officials concerned.”
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The incident occurred on May 9, 2017, when Chaturvedi and his family were travelling from Katni to Durg in a sleeper coach. He filed an FIR with the
railway police
, saying that his luggage, containing cash and articles worth around Rs 9.3 lakh, had been stolen around 2.30 AM.
Chaturvedi initially filed a case in the Durg district consumer commission, which directed the South East Central Railway GM, Durg station master, and Bilaspur GRP thana in-charge to pay the claimed amount. However, the respondents challenged the order in the state commission, which quashed the district commission’s order.
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Chaturvedi then filed a revision petition before the NCDRC, arguing that the TTE and railway police staff were grossly negligent in allowing unauthorized persons to enter the reserved coach.
His counsel submitted that the stolen luggage was properly secured and that the defense of Section 100 cannot be applied in cases of negligence.
The NCDRC ultimately ruled in favor of Chaturvedi, ordering Indian Railways to pay nearly Rs 4.7 lakh in compensation for the theft and the deficiency in service provided due to the negligence of railway officials.
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