Railways Cannot Be Held Responsible For Inability Of Passenger To Protect His Belongings: SC Sets Aside NCDRC's Order Granting Compensation

Update: 2023-06-16 13:30 GMT

The Supreme Court has set aside an order of the National Consumer Disputes Redressal Commission and the State Consumer Dispute Redressal Commission which had upheld the District Consumer Forum’s order directing the Railways to reimburse the lost money of a 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”, observed a bench of Justice Vikram Nath and Justice Ahsanuddin Amanullah.

Advocate Rajan Kumar Chaurasia appeared for the appellant.

In the pertinent matter, the petitioner made a claim before the District Consumer Forum stating that while he was travelling in a train and was carrying Rs.1 lakh cash in a belt tied around his waist.

However, the same got stolen, therefore, while laying responsibility on the Railways, contended that it should reimburse for the loss.

Thereafter, the District Consumer Forum allowed the same by awarding Rs.1 lakh to be paid by the appellant.

Pursuant to which, the State Consumer Dispute Redressal Commission and the National Consumer Disputes Redressal Commission dismissed the subsequent appeals.

The bench in the matter also noted that despite service of notice, no one appeared for the respondent although the matter is pending for the last eight years.

Accordingly, the bench allowed the appeal.

Cause Title: Station Superintendent & Anr. v. Surender Bhola

Click here to read/download the Order


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