Absence of police: Mumbai consumer forum makes Central Railway pay for theft

MUMBAI: Absence of the Government Railway Police (GRP) led to unauthorised persons entering an AC-II coach of a long-distance train, resulting in theft of a passenger's mangalsutra, which amounted to "gross negligence" on the part of the Central Railway, held the south Mumbai consumer disputes redressal forum recently.
The forum directed the railway to compensate a Nerul resident Rs 71,500 for her loss at 9% per year from May 2018.
"The complainant had lost her mangalsutra, which is a 'respect' for every woman. Therefore, it is just and proper to direct the compensation," said forum president Sneha Mhatre and member D S Paradkar in an order that was recently made available on the forum website.
The forum said it was the responsibility of the TTE that in addition to examining tickets he should ensure that no unauthorised persons enter the reserved compartment.
Advocate Sheetal Kanakia, who appeared for Rajni Kumar, the complainant, had argued that the complainant wanted to go to her hometown and as she wanted to travel safely, on May 2, 2018, she booked two AC II-tier tickets for travel on May 10, 2018, from LTT to Muzaffarpur by the Darbhanga Pawan Express.
Kanakia argued that around 10pm her client had woken up to find her bag had been cut and her mangalsutra, which she had purchased that January for Rs 76,000, had been stolen. The victim had filed a written complaint of theft with the Muzaffarpur police station, but she alleged no action was taken by the railway police. Kanakia argued that the police were negligent in their duty and "responsibility" to provide security to the AC II-tier passengers, who are charged a "very high price".
CR lawyer Jamil Khan raised a preliminary objection to the jurisdiction of the forum, saying the alleged incident had happened at Itarsi station, which is beyond the city forum's territorial jurisdiction. The railway denied that the passenger was carrying a bag containing any such mangalsutra and said the "bag was not booked by the complainant with the railways nor was it entrusted to the railways for carriage".
Khan cited Section 100 of the Railways Act, which does not hold the Railways liable for any theft when luggage is in personal custody of the passenger unless it is shown that such loss or theft is due to negligence or misconduct of the Railways or its employees.
The forum held that as the ticket was booked from the CR office at CSMT, which is in the city, and as a passenger is a "consumer", it had the jurisdiction to decide the complaint. The forum allowed Rs 15,000 towards compensation for mental agony and Rs 10,000 towards litigation cost.