Travelling by train? This ₹80,000 verdict against Railways could change what you're entitled to

A Punjab consumer commission has directed Northern Railway to pay ₹80,000 in compensation to a couple whose handbag containing a gold mangalsutra and cash was allegedly stolen during a journey on the Dibrugarh-New Delhi Rajdhani Express. The commission held that the Railways were guilty of "deficiency in service" after finding lapses in passenger assistance and security.

Theft during a train journey

According to the complaint, the couple was travelling with their child in the 3AC coach of the Dibrugarh-New Delhi Rajdhani Express on December 14, 2021. They had reserved three berths for the journey.

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The complainants alleged that while they were travelling, their handbag was stolen. The bag reportedly contained a 15-gram gold mangalsutra worth around ₹65,000, ₹5,000 in cash and a bank passbook. They claimed they immediately searched for the coach attendant but found no one available. They then informed a Railway Protection Force (RPF) personnel and the travelling ticket examiner (TTE), before registering a Zero FIR upon reaching New Delhi.

The couple later approached the District Consumer Disputes Redressal Commission in Pathankot, accusing the Railways of negligence, deficiency in service and unfair trade practice.

Railways denied negligence

Northern Railway contested the complaint, arguing that there was no deficiency in service and claiming that the incident had not been reported to the concerned station authorities. The Railways sought dismissal of the complaint, maintaining that they were not liable for the alleged theft.

Commission finds contradictions

The consumer commission, headed by President Kulwinder Singh Pannu and member Raj Kumar Shukla, found contradictions in the Railways' stand.

It noted that internal Railway records confirmed that an RPF escort team had responded to the passengers' complaint during the journey, contradicting the Railways' claim that no information about the theft was available. The commission also observed that the complainants had consistently maintained that no coach attendant was present when the theft occurred.

Importantly, the Railways failed to produce the coach attendant's duty roster or any records proving that an attendant was deployed in the coach at the relevant time. The commission held that withholding such evidence warranted an adverse inference against the Railways.

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In its order, the commission observed that the immediate reporting of the theft to the RPF, contradictory positions taken by the Railways, the absence of the coach attendant and the failure to produce relevant records collectively established a deficiency in service.

Compensation awarded

The commission partly allowed the complaint and directed Northern Railway to pay ₹70,000 towards the loss suffered by the couple and an additional ₹10,000 as compensation for mental harassment and agony, taking the total award to ₹80,000. The ruling reinforces that passengers travelling in reserved premium trains are entitled to a reasonable expectation of safety and adequate service from the Railways.