Theft during train journey not deficiency in railway service: SC

The Supreme Court on Friday ruled that theft during a train journey does not prove deficiency in service on the part of Indian Railways. It added that the public transporter cannot be held responsible if passengers lose their belongings during their journey.

A bench of Justices Vikram Nath and Ahsanuddin Amanullah made the observation while setting aside an order from the National Consumer Disputes Redressal Commission (NCDRC) which had directed the Railways to pay Rs 1 lakh to a businessman.

The businessman raised a complaint with District Consumer Forum claiming that he lost Rs 1 lakh cash he was carrying in a belt tied around his waist while travelling by train, and sought reimbursement from the transport behemoth for his loss.

“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 said.

The court made the order while hearing a plea by the Railways against an order f the NCDRC which had directed it to pay Rs 1 lakh to Surender Bhola.

The businessman said that he was travelling to New Delhi on the Kashi Vishwanath Express on 27 April 2005. He said had kept the money in a belt made of cloth and tied it to his waist.

He woke up around 3:30 AM and found the belt missing and part of the right side of his trousers cut open.

With inputs from PTI

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