Holding Northern Railway guilty of negligence for not preventing an unauthorised person from boarding a reserved compartment, the National Consumer Disputes Redressal Commission (NCDRC) has directed the Railways to pay the complainants over ₹1.6 lakh.
The complainants had alleged that during their journey from Delhi to Howrah in 2012, a beggar woman had boarded their AC III-tier compartment and had stolen their belongings.
They alleged that the Railways officials, including the coach attendant, were not available during the journey between Delhi and Mughalsarai, where the alleged theft took place.
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Upholding the orders passed by lower consumer forums, the NCDRC said in its May 14 order: “Since the complainants were travelling in a reserved compartment, it was the duty of the Railway officials to ensure that no unauthorised person entered the compartment at Mughalsarai railway station. By not preventing the entry of the beggar woman, the Railway officials committed an act of gross negligence and since the aforesaid negligence resulted in theft, they are also liable to reimburse the complainants for the loss suffered.”
Ruling in favour of the complainants, the district forum had directed the railways to give compensation of ₹1.41 lakh along with litigation cost of ₹5,000 to the complainants. The Railways was also asked to pay an additional ₹15,000 to the complainants as compensation towards mental agony.
Dismissing the review petition filed by the Railways, the apex consumer forum further noted, “It is not in dispute that the complainants were travelling in a reserved compartment. The petitioners [the Railways] did not dispute the aforesaid position. They also did not dispute the allegations of the complainants that a beggar woman had entered the reserved compartment and had committed the theft.”
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