Traveling Responsibility: In a significant decision pertaining to a case from six years ago, the Consumer Forum has recently provided crucial insights. The Railway authorities have emphasized that the responsibility for the safety of your belongings lies with the passengers, and they cannot be held accountable for losses during travel.
The Case Background
The Bhopal District Consumer Forum recently reached a major decision in a case filed six years ago. The essence of the ruling is that passengers are solely responsible for the safety of their luggage during travel, and the railway authorities cannot be held liable for any losses.
What Happened in the Case?
Suneeta Sahni, a resident of Saket Nagar, Bhopal, had filed a complaint with the Consumer Forum. She claimed that on July 29, 2017, while traveling from Bhopal to Hazrat Nizamuddin on the Bhopal Express (Train No. 12155), her reserved AC-2 berth was occupied. During her journey, she fell asleep, and upon waking up near Jhansi station, she discovered that two large suitcases, locked with chains, had been stolen from under the berth. The stolen items included a gold and diamond pendant ring, sports shoes, clothing, medicines, slippers, and other valuables amounting to approximately INR 1,25,000. She immediately reported the theft to the coach attendant.
Filing of FIR
On July 30, 2017, an FIR (First Information Report) was registered for the theft. Suneeta Sahni also highlighted the suspicious behavior of some other passengers to the coach attendant before the incident.
The Forum’s Verdict
The Bhopal District Consumer Forum’s bench, chaired by Yogesh Shukla and member Pratibha Pandey, delivered the verdict based on Railway manual Section 103 (20), Section 100, and a Supreme Court decision from June 2023. The bench concluded that the responsibility for the theft cannot be attributed to the railway authorities as the passenger failed to prove that the theft occurred due to the railway’s negligence or the neglect of its employees. Therefore, the railway cannot be held accountable for any compensation without proper documentation of baggage.
Key Takeaway
The bench emphasized that passengers must establish that their belongings were stolen due to the negligence of the railway or its employees for the railway to be held responsible. The ruling underscores the importance of passengers being vigilant and taking precautions to safeguard their luggage during train journeys.
this case sets a precedent for passengers to exercise due diligence and take necessary precautions to ensure the security of their belongings while traveling. It reinforces the principle that railways cannot be held accountable for losses unless clear evidence of their negligence is presented.