Railways Not Liable For Theft Of Passenger's Belongings : Supreme Court Sets Aside Consumer Forum's Award

The Supreme Court has held that the theft of personal belongings of a Passenger is not “deficiency of service” by Railways. Accordingly, the Bench comprising Justice Vikram Nath and Justice Ahsanuddin Amanullah set aside orders passed by Consumer forum whereby Railways was directed to reimburse the stolen amount of cash to the Passenger.

“We fail to understand as to how the theft could be said to be in any way a deficiency in service by the Railways. If the passenger is not able to protect his own belongings, the Railways cannot be held responsible”, the Bench held.

BACKGROUND FACTS

Mr. Surender Bhola (“Respondent/Passenger”) was travelling through Indian Railways train and was carrying Rs. 1 Lakh in cash in a belt tied around his waist. The cash got stolen from the Passenger during the train journey.

The Passenger filed a claim before the District Consumer Forum, seeking reimbursement of the stolen amount from the Railways. It was argued that the theft of money had taken place due to deficiency in service provided by Railways.

The District Consumer Forum allowed the claim and directed Railways to reimburse Rs. 1 Lakh to the Passenger. Thereafter, the State Consumer Dispute Redressal Commission and the National Consumer Disputes Redressal Commission (“NCDRC”) dismissed the appeals and upheld the order of District Consumer Forum.

SUPREME COURT VERDICT

The Bench opined that theft of personal belongings of the Passenger does not fall within “deficiency of service” by Railways.

“We fail to understand as to how the theft could be said to be in any way a deficiency in service by the Railways. If the passenger is not able to protect his own belongings, the Railways cannot be held responsible.”

Accordingly, the Bench has set aside the orders passed by the National Consumer Disputes Redressal Commission, State Consumer Dispute Redressal Commission and the District Consumer Forum. The appeal has been allowed.

Case Title: Station Superintendent & Anr. v Surender Bhola

Citation: 2023 LiveLaw (SC) 487

Counsel for Appellant: Mr. Rajan Kumar Chourasia, Adv. Mr. Merusagar Samantaray, Adv. Ms. Sweksha, Adv. Mr. Amrish Kumar, AOR Mrs. Anil Katiyar, AOR

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