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Pune district consumer forum orders DRM to compensate commuter for theft inside coach
The complainant from Pune, on August 25, 2016, had filed a complaint under section 12 of the Consumer Protection Act, 1986, alleging deficiency in services on the part of the railways
PUNE The Pune District Consumer Disputes Redressal Commission has ordered the divisional railway manager (DRM) Pune to pay Rs9.43 lakh as compensation to a commuter whose gold ornaments were stolen from inside a second air-conditioned (AC) coach. The commission has also directed the DRM to pay an additional Rs35,000 to the commuter as compensation towards mental agony and litigation costs.
The complainant, identified as Manoj Hiralal Malu of Mukundnagar on August 25, 2016, had filed a complaint in this regard under section 12 of the Consumer Protection Act, 1986, alleging deficiency in services on the part of the railways. Malu sought relief in the form of the railways being directed to pay him Rs9.43 lakh as compensation for the gold ornaments that were stolen along with Rs50,000 towards mental agony caused and Rs15,000 towards the cost of lodging the complaint.
Malu in his complaint stated that he had to attend a domestic function namely, a wedding ceremony in Hyderabad from May 11 to May 15, 2015 due to which he and his wife Kavita travelled to Hyderabad in the Mumbai-Hyderabad Express with reservation for the said journey. After attending the function in Hyderabad, they began their return journey to Pune on May 15, 2015 by train 17032 in the second AC coach. Malu said that they took three trolley bags, two handbags and some sweet boxes with them in the bogey. Over the course of the journey, they engaged in some general conversation with one co-traveller. The train arrived at Pune station the next morning on May 16, 2015 and they went home with their bags and belongings. Upon opening one of the trolley bags however, the gold ornaments kept inside were found missing. Unable to find the ornaments, Malu on May 19, 2015, lodged a complaint (which was duly acknowledged by the Pune railway police station) detailing the 14 missing pieces of jewellery collectively worth Rs9.43 lakh. Malu later intimated the Pune railway police station that he had forgotten to include some more ornaments that had been stolen which were thereafter incorporated in the FIR. Malu told the police that he suspected that five persons had stolen the pouch of gold ornaments from his trolley bag which had no lock. The Pune railway police station on October 22, 2015, informed Malu that his complaint had been found true upon enquiry but the accused had not been found due to which the complaint was being closed.
According to Malu, he also submitted a letter dated June 1, 2015, to the DRM Pune stating that despite travelling in the second AC, his ornaments were stolen. It was the responsibility of the DRM to ensure that no intruders entered the reserved compartment as he had paid a large sum for the tickets just to be able to enjoy a safe and secure journey. In his letter, Malu said that being a consumer of the railways, the DRM should have taken strict measures to ensure his safety, especially since he had purchased second AC tickets. There was a deficiency in services on the part of the railways, he alleged.
In a written response, the railways submitted that the consumer commission had no jurisdiction to decide this case. “Nowadays it has become a fashion for the public at large to approach the forum for any act though not cognisable by it. The railway administration is providing transport facilities to the public at large through the largest network extending from Kanyakumari to Kashmir and the railways are a large public utility undertaking in India. The railway administration has provided all amenities and facilities for the benefit of passengers such as the hooks provided below the seat to tie their luggage,” read the railways’ statement and demanded that Malu’s complaint be dismissed and that a fine of Rs1 lakh be slapped on him.
However, the consumer commission in its order by president Umesh Jawalikar and members Kshitija Kulkarni and Sangita M Deshmukh, stated, “There is a deficiency on the part of the opposite party (railways) as intruders entered the reserved compartment and made up a false story. Unauthorised persons provoked the complainant to keep the luggage near the door of the compartment due to which the jewellery of the complainant was stolen. Hence, the complainant is entitled to get an amount of ₹943,000 on account of the gold ornaments that were stolen from inside the compartment. The complainant is also entitled to get compensation of Rs20,000 towards mental agony and Rs15,000 towards cost of the complaint.”
