‘Railways has to ensure safety of its passengers’: Chandigarh consumer court fines Rly ministry

The complaint was filed by Ram Veer and his wife Mamta Verma of Chandigarh who had submitted that they had booked tickets from Chandigarh to New Delhi for November 5, 2018, in Goa Sampark Kranti Express.

It was alleged that when the train departed from the Chandigarh Railway Junction, some unauthorised persons were roaming inside the reserved coach. Ram Veer informed the Travelling Ticker Examiner (TTE) who had come to check the tickets regarding such unauthorised persons between Chandigarh-Ambala Cantt. Junction. When the train stopped at Ambala Cantt. Junction, some more unauthorised persons entered the reserved coach and the TTE had completely failed in his duty and did not stop the said persons from entering the coach and the doors were also not closed.

Ram Veer alleged that when the train departed from Ambala Cantt. Junction, a stranger snatched his wife’s purse that reportedly contained gold ornaments, a mobile phone, cash of Rs 9,500 and some documents and jumped from the running train. He contacted the TTE but he did not help him and when he asked regarding security staff i.e. GRP and RPF then he replied that no security staff was posted on the train.

The complainant later contacted GRP Ambala to initiate action against the snatcher and to recover the valuable goods and documents. On reaching New Delhi, an FIR was registered by the GRP New Delhi. Ram Veer wrote e-mails to the higher authorities but no action has been taken against the snatcher.

The Railway Ministry and its officials submitted that Ram Veer’s complaint was false as no such incident has been reported by the TTE nor any complaint was lodged at GRP Police Station at Ambala Cantt where the alleged theft took place. Even the complainant has not lodged any complaint in the complaint book available with the TTE and as per the statement of TTE, only 17 passengers travelled in coach S-7 on November 5, 2018 and there was no unauthorised passenger or person in the coach till Delhi.

The complaint was dismissed by the District Consumer Commission. The complainant has thus filed the present appeal before the State Commission.

In the appeal the complainant stated that the District Consumer Commission has failed to appreciate the duties prescribed by railway administration to TTE for sleeper coaches, as per which, the TTE has to check the tickets of the passengers in the coach, guide them to their berth/seats and prevent unauthorised persons from the coach.

The railway authorities, however, stated that the appellants (Ram Veer and Mamta Verma) are not covered under the definition of consumer under Consumer Protection Act, 1986 and as per Section 100 of the Railways Act, 1989, the Railways is not responsible for the loss, destruction, damage, deterioration or non-delivery of un-booked luggage.

The Commission after hearing the matter held, “it was on account of gross negligence and deficiency in service on the part of the guard and TTE as they failed to remain vigilant to prevent entry of unauthorised persons/intruders in the compartment, which resulted into theft of luggage of the appellants.”

The consumer court held that the appellants did not receive any help then and there and ultimately, they got registered the FIR on reaching New Delhi. “One can well imagine the plight of the appellants, who were travelling as a family and on account of the said snatching/theft of their luggage containing gold ornaments, ATM Cards, cash etc., they faced a lot of difficulty.” It said the appellants suffered the loss of their valuables, which has definitely caused them mental agony and harassment.

“As such, it is a case of breach of common duty of reasonable care, which lies upon all carriers including the Railways. It is not a case where the omission on the part of the Railway officials can be said to be wholly unforeseen or beyond their control,” said the State Commission.