Theft in train: Pull up Railways

Pushpa Girimaji

Recently, we were travelling from Gandhidham to Mumbai by train in two-tier AC class. Just before Ahmedabad, a passenger’s purse was stolen. The coach attendant, we noticed, had not closed the vestibule doors. The couple tried several helplines and, at Vadodara, an RPF person came and said he would help them register the complaint at the police station, but they would have to detrain for that. They were not willing to do that and were finally told that RPF personnel will approach them at Borivli station and get the complaint registered. The bag contained Rs 300 in cash and jewellery worth Rs 1 lakh. Nobody has been caught so far. Is the Railways not accountable for the loss suffered by the passenger?

For several years now, the Railways has been saying that in case of theft on a running train, passengers do not have to disembark at the next station to lodge a complaint. Instead, they can fill up the form provided by the Travelling Ticket Examiner, who, in turn, will hand it over to the police at the next station. More recently (in 2018), the Railways also announced the launch of the online portal ‘Rail Madad’ that promises instant help for train-related complaints.

However, from what you say, they did not get the promised help to lodge a complaint immediately. That is very unfortunate. But let me tell you that Railways cannot shrug off their responsibility in respect of the safety of the passengers and their belongings, particularly in a reserved compartment.

My next question is: Can I hold the Railways liable for the loss suffered by the passenger? If so, how do I go about it?

Yes, the affected passengers can hold the Railways accountable for the loss suffered, provided they can prove that such loss was caused on account of the negligence of the Railways. And in this case, from what you say, the coach attendant had not locked the door of the coach, thereby allowing an unauthorised person, the thief, to enter the reserved compartment. That’s negligence because the railway staff is duty bound to secure the door, particularly at night, and also ensure that no unauthorised person enters the reserved coach. Besides, the passengers did not get the promised help to lodge a complaint immediately, but had to wait for the train to reach Borivli. So the best way forward for the passengers is to write to the Railways first and ask them if they have nabbed the thief and recovered the valuables. If not, lodge a complaint before the consumer court.

In Station Superintendant, North Western Railway, Vs Jasmin Mann (RP No 3047 of 2017), the apex consumer court quoted its earlier order in General Manager, North Central Railway Vs Dhirendra Kumar Rai (RP no. 2343 of 2014, date of the order June 5, 2015) wherein it had laid down the principle on which the consumer courts could give compensation in such cases.

This was based on Section 100 of the Railways Act, which says that the railway administration is not responsible for such loss unless it is caused by the negligence or misconduct on the part of the part of the Railways or its servants. So pointing to this, the Commission said in the case of Dhirendra Kumar Rai that Railways would not be liable except where it is proved that such loss was caused on account of the negligence or misconduct on the part of the railway administration or its servants. And the failure to remove unauthorised persons from the reserved coach attracted the exception under Section 100, the Commission said.

Quoting this case, in Jasmin Mann too, the apex consumer court directed the Railways to pay Rs2,30,000 towards loss of the contents of the bag, besides Rs30,000 as compensation and Rs10,000 as costs.

More recently, in Divisional Railway Manager Vs Raju Devi Suryavanshi (RP No 630 of 2016, order dated September 3, 2019), the complaint was that the purse containing cash and jewellery kept under the pillow of the complainant during a journey from Goa to Ratlam was stolen and that the TTE did not register a complaint, forcing the passengers to detrain at Vadodara. The apex consumer court upheld the verdict of the lower consumer courts to award Rs2,37,700 towards loss of jewellery and cash, Rs10,000 towards compensation and Rs2,000 towards costs.