Passenger wins Rs.80,000 compensation from Indian Railways over stolen bag on Malwa Express: District Commission Rules

Commission Finds Indian Railways Negligent, Orders Compensation and Damages

June 25, 2024

The District Consumer Disputes Redressal Commission (Central District) has ruled in favour of a passenger who filed a complaint against Indian Railways for the theft of valuables worth ₹80,000 during a journey on the Malwa Express in January 2016.

The complaint highlighted that the passenger’s bag containing valuable items was stolen between Jhansi and Gwalior despite travelling in a reserved coach. Asserting the responsibility of the railways for safe travel and protection of passengers’ belongings, the commission, comprising President Inder Jeet Singh and member Rashmi Bansal, confirmed its jurisdiction over the case. They noted the continuity of the journey from New Delhi to Indore, where the incident occurred, and the location of the railways’ office within their jurisdiction.

Rejecting the railways’ argument of passenger negligence and the bag being unbooked, the commission emphasized the inconvenience and harassment faced by the complainant in registering an FIR post-theft. They acknowledged the complainant’s efforts to pursue legal action, citing deficiency in service and negligence on the railways’ part.

“The complainant has established her case against Indian Railways for negligence and deficiency in service, resulting in the theft of her belongings kept in a bag during her reserved ticket journey,” stated the commission.

Consequently, the commission ordered Indian Railways to reimburse ₹80,000 for the stolen items and awarded an additional ₹20,000 for the complainant’s suffering, inconvenience, harassment, and mental agony. An additional ₹8,000 was granted towards litigation costs.

“The complainant is held entitled to reimbursement of loss of ₹80,000,” affirmed the commission, underscoring the absence of defences or evidence refuting the value of the articles carried during the journey.

This ruling highlights the commission’s stance on passenger rights and the responsibilities of service providers in ensuring safe travel and the protection of personal belongings.