SOUTH WESTERN RAILWAYS vs PINKY GUPTA

THE "deficiency in Service" alleged by the complainant is that the Railways did not provide safety in the Reserved Compartment as a result of which the complainant lost two suitcases which were chained to the Berth.

THIS appeal is by the appellant/opposite party (for short, "o. P. ") challenging the order dated 21. 5. 2007 passed by the District Consumer Forum, Bangalore Urban II Additional, in Complaint No. 3083/2006, by which the District Forum has allowed the complaint filed by the respondent/complainant. The case of the complainant is that she and her two minor children travelled from New Delhi to Bangalore by Rajdhani Express on 24. 10. 2005. The ticket purchased by her was a confirmed one and she was allotted Berth No. 35, which was later converted into Berth No. 36. Her case is that she had chained two suitcases underneath the berth and during journey both the suitcases were lost. According to her somebody stolen the suitcases after cutting the chain and in this regard she gave a complaint to the Train Superintendent. The complainant has produced an acknowledgement for having given the complaint. The case of the complainant is that since she was travelling in a Reserved Compartment a duty is cast on the Railway Authorities to provide safety not only to the passengers but also to the luggage of the passengers. In the instant case, according to the complainant, if the Railway Department had provided some safety there would not have been any scope for a third person to enter the Reserved Compartment and take away the suitcases belonging to her.

The O. P. on service of the Notice issued by the District Forum entered appearance and filed version. In the version though the O. P. has admitted that the complainant had purchased a ticket for travel by Rajdhani Express on 24. 10. 2005, the O. P. has denied the very travel by the complainant by Rajdhani Express on that day.

IT is not in dispute that the complainant had purchased the ticket. If the complainant had not travelled by Rajdhani Express on that day, the O. P. should have produced some material to show that the berth which was allotted to the complainant was not allotted to anybody and throughout it remained vacant. In the instant case, no such evidence has been produced by the O. P. either before the District Forum or before this Commission. No person would give a complaint about loss of baggage in the normal course without travelling. A perusal of the version filed by the O. P. shows that the O. P. can take any contention in defence in order to defeat a legitimate claim. The Railways being a major Department of the Government of India and being an "authority" as defined under Article 12 of the Constitution of India ought not to have taken such a vague stand to avoid its liability. Therefore, taking all these facts into consideration, we are of the view that the District Forum after recording a finding that there is "deficiency in Service" on the part of the Railway Department in not providing safety to luggage of the complainant has rightly awarded compensation of Rs. 50,000 in favour of the complainant. In the result, we pass the following Order: (1) Appeal is dismissed. (2) The O. P. has deposited a sum of Rs. 25,000 in this appeal before this Commission. If the complainant files a Memo for payment of Rs. 25,000, office is directed to pay the same.

BEFORE parting with this case, we would like to observe that passengers possessing unreserved tickets, and other strangers casually sit and travel in Reserved Compartments and the Railway Staff does not seriously object for this. This poses a risk not only to the passengers travelling in the Reserved Compartments but also to their luggage. For having collected Reservation Fee, the Railway Department is bound to provide sufficient safety to the passengers travelling in Reserved Compartments. The Railway Department should provide one Guard at each door of the Reserved Compartment round the clock and take all safety measures. We hope the Railway Department will take immediate steps in this regard in the interest of the public. Office is directed to send a copy of this order to the Head of the Railways in the State of Karnataka. Appeal dismissed.