Why a consumer court ordered Railways to pay ₹1.45 lakh compensation to a passenger

A district consumer disputes redressal commission in Delhi recently ordered Northern Railways to pay ₹1.45 lakhs to cover the losses of a passenger whose luggage worth ₹1.2 lakhs was stolen during a train journey from Delhi to Patna in 2014 [Ajoy Kumar v Station Master]..Commission President Divya Jyoti Jaipuriar and member Ashwani Kumar Mehta opined that the passenger (complainant) had suffered directly due to the deficient service of the Railways."We are of the considered view that the complainant has suffered directly due to deficient service of the OP in terms of the deficiency defined in the Act which includes any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained in relation to any service and includes any act of negligence or omission or commission by such person which causes loss or injury to the consumer," the order dated April 16 stated. .As per the complainant, the luggage was stolen due to the carelessness of the Railways authorities during a journey on the Mahananda Express from Delhi to Patna. The passenger claimed that his luggage contained clothes as well as jewellery.He further argued that the Northern Railways was obligated to reimburse him for the value of the stolen items and additionally compensate him with ₹50,000 for the losses incurred..On the other hand, the Station Master at the New Delhi Railway Station contended that the Railways was not responsible for un-booked or undeclared items as per Section 100 of Indian Railways Act.Further, he argued that a Station Master could not be made a party to this case or held responsible for the loss of luggage. The cause of action did not arise in the territorial jurisdiction of the consumer forum, it was further contended..The Commission noted that in Indian Railways and Ors. v Uma Agarwal, the National Consumer Disputes Redressal Commission (NCDRC) had already addressed the contentions of the Station Master.The NCDRC had held that the Railways could be held liable for negligence in ensuring the safety of passengers and their luggage. On the issue of jurisdiction, the NCDRC had ruled that since Railways had a nationwide presence, a complaint could be entertained at the boarding point. .The Station Master had also highlighted that the first information report (FIR) in this case was filed 10 months after the theft and that the consumer complaint was filed two years after the FIR. An Untrace Report (indicating that the perpetrators of the crime or the accused could not be traced by the police) was also filed in the FIR, he added..The Commission declined to accept these arguments regarding delays in filing the complaint. It was noted that the passenger had initially approached the Traveling Ticket Examiner (TTE) for the registration of an FIR but nothing was conveyed to him about the status of lodging the FIR. It further noted that when the complainant followed up with the Railway Police Force, at Baroda House, New Delhi, the Force only acknowledged the theft and did not speak about lodging the FIR. Thereafter, the Commission observed that the complainant registered an FIR with the Railway Police, Delhi Main, in which an Untrace Report was filed, which led the complainant before the Commission. .The commission ultimately concluded that the complainant had suffered directly due to the deficient service of the Railways..Accordingly, it directed Northern Railways to pay the complainant ₹1,20,000 to cover the loss of the luggage, along with 9 per cent interest from 2017 (when the consumer complaint was filed) till the date of payment. Additionally, the Railways authority was ordered to pay ₹25,000 as compensation for the mental pain, agony and harassment caused to the passenger, bringing the total amount payable to around ₹1.45 lakhs. .[Read Order]