The National Consumer Disputes Redressal Commission (NCDRC) has directed Indian Railways to pay nearly ₹4.7 lakh in compensation to a passenger whose belongings were stolen while travelling on the Amarkantak Express in May 2017. The commission ruled that the passenger, who had taken “reasonable precautions” to protect his luggage, was let down by the Ticket Examiner (TTE), who failed to prevent unauthorised individuals from entering the reserved coach.
The order was issued on Monday, dismissing the Railways’ claim that it was not responsible for the theft under Section 100 of the Railway Act. This section states that the administration is not liable for losses unless a railway employee has booked the luggage and issued a receipt. The NCDRC bench, comprising Justice Sudip Ahluwalia and Rohit Kumar Singh, stated that the Railways had a duty of care toward passengers travelling in reserved coaches and deemed their service deficient due to negligence.
The case was brought forward by Dilip Kumar Chaturvedi, a resident of Durg, who had filed a revision petition against a previous ruling from the Chhattisgarh State Consumer Commission. On May 9, 2017, Chaturvedi was travelling with his family from Katni to Durg in a sleeper coach when, at around 2:30 a.m., he reported the theft of cash and valuables worth approximately ₹9.3 lakh to the railway police.
Initially, the Durg district consumer commission ordered the South East Central Railway’s General Manager, the Durg station master, and the in-charge of Bilaspur GRP thana to pay the claimed amount. However, this order was later overturned by the state commission, prompting Chaturvedi to appeal to the NCDRC. He argued that the TTE and railway police were negligent for allowing unauthorised persons into the reserved coach and emphasised that his luggage had been properly secured with a chain. His counsel contended that the defence provided under Section 100 did not apply in cases of negligence.
