The Supreme Court has ruled that theft of the personal belongings of a passenger cannot qualify as a “deficiency of service” on the part of the Indian Railways. The court’s ruling came as a bench of Justices Vikram Nath and Ahsanuddin Amanullah set aside the consumer forum’s orders that directed the Indian Railways to reimburse the stolen amount of Rs 1 lakh to the complainant passenger.
The bench said that the theft could not be said to be in any way “a deficiency in service by the Railways”, ruling that the Railways cannot be held responsible if the passenger fails to protect his own belongings.
The case stems from a complaint by one Surender Bhola who claimed that Rs 1 lakh cash that he was carrying in a belt tied around his waist was stolen during the journey and sought a reimbursement of the said amount from the Indian Railways.
The complainant had claimed that the theft had taken place due to a “deficiency in service” on the part of the 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 District Consumer Forum’s order.
The Supreme Court, however, set aside the orders passed by the National Consumer Disputes Redressal Commission, State Consumer Dispute Redressal Commission and the District Consumer Forum and allowed the appeal.
(With Live Law inputs)