The Supreme Court pronounced an important decision on theft in the train

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Theft of Passenger’s Belongings in Indian Railways: The Supreme Court has said in an important decision that if a passenger’s luggage is stolen while traveling in a train, then the railway is not responsible for it. In the Supreme Court, the bench of Justice Vikram Nath and Justice Ahsanuddin Amanullah, while hearing a case, said that we do not understand how theft can be connected with the lack of railway service?

What is the whole matter?

The case is of theft of lakhs of rupees. In the year 2005, a person named Surinder Bhola was coming to Delhi by Kashi Vishwanath Express. He had Rs 1 lakh cash wrapped in a belt and tied around his waist. His money was stolen during the journey. After this, the person approached the District Consumer Court and demanded compensation from the Railways. During the debate in the district consumer forum, the said person linked the theft to the shortfall in the service of the railway and argued that if there was no shortfall in the service of the railway, his money would not have been stolen.

What was the decision of the commission?

The district consumer court has ruled in favor of the passenger and ordered the railway to pay Rs 1 lakh as compensation. Later, the Railways first approached the State Consumer Disputes Redressal Commission and then the National Consumer Disputes Redressal Commission against this decision of the District Consumer Court, but got a setback from both places. The State and National Consumer Disputes Redressal Commission upheld the decision of the District Consumer Court.

What did the Supreme Court say?

After this, the Railways approached the Supreme Court. While conducting the hearing, the Supreme Court bench said, “We do not understand how the railways cannot be held responsible if a passenger fails to protect his luggage.” The Court held that theft of personal effects while traveling in a train cannot be termed as deficiency in service. The Supreme Court set aside the orders of the State Consumer Disputes Redressal Commission, the National Consumer Disputes Redressal Commission and the District Consumer Forum.

What to do in case of theft in train?

In case of theft, dacoity or dacoity in the train, the TTE/Coach Attendant/Guard of the train or the GRP personnel posted in the train should be contacted immediately. They will give you an FIR form, in which the details related to the theft have to be filled.

After this, the FIR is transferred to the police. You do not need to stop your journey to file a police complaint. One can seek help from RPF help booths at major railway stations. According to erail.in, the FIR form is available in Hindi, English and regional languages.

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