Railways to pay Rs 1 lakh to passenger for loss of gold chain
Ram Sundaram | TNN | Updated: Nov 25, 2017, 05:58 IST
CHENNAI: In a rare instance, the district consumer court recently penalised and came down heavily on the Southern Railways
for negligence on behalf of one of its Train Ticket Examiners (TTEs)
who forgot to lock the doors of a reserved compartment in an express
train plying between Chennai and Mumbai.
A 61-year-old woman from Chennai lost her gold mangalsutra during this journey.
Though a case was filed three years ago, the railway police couldn't trace the chain and the Chennai (North) consumer forum directed the railways to compensate her loss by paying Rs 1 lakh.
In February 2013, P Jayanthi boarded the Chennai Mail at Mumbai. She travelled in second class-cum reservation compartment.
The train reached Chennai Central Railway Station around 3.30am on February 15 and she was shocked to find out that her four and a half sovereign gold chain, which she was wearing around her neck, was missing. She filed a complaint with the government railway police (GRP) at Central Station suspecting role of railway staff as unauthorised people can't enter inside reserved compartments without their help. A case was filed under Section 379 (theft) of the Indian Penal Code. Aggrieved that authorities couldn't retrieve the chain even a year after the complaint was filed, Jayanthi approached the local consumer forum in December 2015.
Railways argued that the complainant can seek redressal only with the GRP and can't be held liable. Their counsel referred to Section 100 of the Indian Railways Act, 1989 which states the administration is not responsible for loss of luggage.
After hearing both arguments, the forum stated that it is the duty of the TTE to ensure safety of passengers by fastening all locks of doors in reservation compartments after they examined tickets. A third person couldn't have entered the compartment if the doors were locked. Hence, the forum ordered the Southern Railways to pay Rs 1 lakh as compensation for deficiency in service in addition to Rs 5,000 towards litigation expenses within six months.
A 61-year-old woman from Chennai lost her gold mangalsutra during this journey.
Though a case was filed three years ago, the railway police couldn't trace the chain and the Chennai (North) consumer forum directed the railways to compensate her loss by paying Rs 1 lakh.
In February 2013, P Jayanthi boarded the Chennai Mail at Mumbai. She travelled in second class-cum reservation compartment.
The train reached Chennai Central Railway Station around 3.30am on February 15 and she was shocked to find out that her four and a half sovereign gold chain, which she was wearing around her neck, was missing. She filed a complaint with the government railway police (GRP) at Central Station suspecting role of railway staff as unauthorised people can't enter inside reserved compartments without their help. A case was filed under Section 379 (theft) of the Indian Penal Code. Aggrieved that authorities couldn't retrieve the chain even a year after the complaint was filed, Jayanthi approached the local consumer forum in December 2015.
Railways argued that the complainant can seek redressal only with the GRP and can't be held liable. Their counsel referred to Section 100 of the Indian Railways Act, 1989 which states the administration is not responsible for loss of luggage.
After hearing both arguments, the forum stated that it is the duty of the TTE to ensure safety of passengers by fastening all locks of doors in reservation compartments after they examined tickets. A third person couldn't have entered the compartment if the doors were locked. Hence, the forum ordered the Southern Railways to pay Rs 1 lakh as compensation for deficiency in service in addition to Rs 5,000 towards litigation expenses within six months.
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