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The top court has further held that theft onboard a train is not attributable as a "deficiency in service" on part of the Railways.
The Supreme Court has recently held that if a passenger onboard a train is not able to protect his own belongings, the Railways cannot be held responsible.
"We fail to understand as to how the theft could be said to be in any way a deficiency in service by the Railways", a bench of Justices Vikram Nath and Ahsanduddin Amanullah has further observed.
These observations came to be made by the division bench of the Supreme Court while we allowing the appeal filed by Indian Railways and setting aside the orders passed by the National Consumer Disputes Redressal Commission, State Consumer Dispute Redressal Commission and the District Consumer Forum directing payment of money that was stolen onboard a train.
One Surendra Bhola had raised a claim before the District Consumer Forum stating that while he was travelling in a train and was carrying Rs.1 lakh in cash in a belt tied around his waist, the same got stolen and as such the Railways should reimburse the said loss.
The District Consumer Forum allowed the same by awarding Rs.1 lakh to be paid to Bhola.
Said order was upheld by the State Consumer Dispute Redressal Commission and the National Consumer Disputes Redressal Commission.
Noting that despite service of notice, none appeared for the claimant-respondent, although the matter was pending for the last eight years, the top court set aside the district forums' order.
Advocate Rajan Kumar Chaurasia appeared for the Station Superintendent.
Case Title: STATION SUPERINTENDENT & ANR. vs. SURENDER BHOLA
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