Why SC refused to order against Railways for theft in
the train?
Understand the law
Supreme court
held in a case before it against
Railways –“We fail to understand as to how the theft could be said to be in any
way a deficiency in service by Railway .If passenger is not able to protect his
own belongings, Railways cannot be held responsible”
Case Title Station
Superintendent &Others V/S Surrender Bhola, Civil Appel No 7116 of 2017
decided on 15.6.2023
Does it mean
that Railways are out from their responsibility in all theft cases following
precedent of this case and this order and theory shall be applicable in all
future cases?
Dr Prem Lata
Supreme Court on
15.6.2023 was convinced with the arguments extended by railways that they are
not responsible for the theft of Rs one lac of one Surender Bhola, the consumer
before consumer commissions. What he stated in complaint was that he was
carrying this cash in a belt tied around his waist and it got stolen while he
was travelling in the train. The District consumer forum had ordered in favour
of complainant awarding one lakh to consumer and the order was upheld by state
and national commission.
None appeared
before Supreme Court for six years from complainant side .Supreme court held-,
Railways cannot be held responsible
Law on the
point
Every case has
different facts and circumstances and any order depends on the facts and
applicable law
Earlier orders
of the same Supreme Court are not identical in all cases, hence it should not
be considered precedent for all cases. As per the earlier judgments related to
deficiency by Railway law laid down so far is -
Deficiency in services –steps
·
Facts
must be established –theft, defective meal, bad condition of toilets or beds etc.
or any other services
·
Efforts
by consumer to bring to notice.
·
Prove
negligence on the part of railway
·
Quantum
and consequences of loss ,damage and compensation to be proved with cogent
evidence
In the above case neither the fact of
theft could be established, nor was railway proved negligence in any manner.
Earlier decided cases:
1. Case title -Union of India and Ors. Vs
Sanjiv Dilsukhrai Dave and Anr. on 23 October, 2002,(NC )
&
2. Deputy Chief Commercial Manager,
Eastern Railways and Anr. v. Dr. K.K. Sharma and Ors., [200 (III) CPJ page 1
(NC)].
In both the above cases Railways
referred to their Rules
.
·
Consumer
courts have no jurisdiction to deal with Railways issues Railway
claim Tribunal ,a State subject .Article 12 Directive principals of state
policy
·
Section 13 deals with any fault on the
part of railway administration. Section 13 read with Section 15 says –no other
court shall deal with the case related to Section 13, they have their own
system of compensation. Most of the cases of freight luggage, animals and
booked luggage etc.
·
The
passenger is to take care of his own luggage and articles in accordance with
Rule 506.2 of Indian Railway Conference Association (IRCA) No. 24, No. 216,
·
The
passenger is supposed to declare before the starting station and get any
valuable articles insured by paying the necessary charges for the railway
administration taking extra precautions as stated that under Rule
1301(I)(IV) of IPCA No. 24,
Held-
·
Sections
13 and 15 of the Railway Claims Tribunal Act, 1987 did not take away the
jurisdiction of the consumer commissions to decide the question of deficiency
of service.
·
It
provides an additional remedy to a consumer. These sections bar civil court but
not consumer commissions ".
·
Circular
dated 11.9.1998, Govt. of India, Ministry of Railway published some of the
important duties.
Duties of "TTE for Sleeper Coaches
a)
He
shall check the tickets of the passengers in the coach, guide them to their
berth/seats and prevent unauthorised persons from the coach. He shall in
particular ensure that persons holding platform tickets, who came to see off or
receive passengers do not enter the coach.
b)
He
shall check the tickets of the passengers in the coach, when the train is on
the move and open them up for passengers as and when required.
c)
He
shall ensure that the end doors of vestibule trains are kept locked between
22.00 and 6.00 hrs. to prevent outsiders entering the coach.
d)
He
shall remain vigilant particularly during night time and ensure that intruders,
beggars, hawkers and unauthorised persons do not enter the coach".
3.
Sumatidevi M. Dhanwatay Respondent: Union of India
And Ors.
Date Of Judgment: 06/04/2004(SC)
Factual
story: Consumer boarded 1st Class Air conditioned berth from Nagpur to Bombay
by Howrah-Bombay Mail. She was carrying her luggage which included gold, pearl,
silver and diamond jewellery and other valuables valued at Rs. 1, 11, 756.
While she was travelling, she was assaulted by some unauthorised passengers and
her gold, silver, pearl, diamond and other valuables were taken away forcibly.
This incident occurred on 4.12.1991. Thousands of persons entered into the compartment,
they broke the doors, window bars, glass panels, seating berths and toilets
etc. The appellant pulled the alarm chain three times, as a result of which,
the train stopped at Igatpuri Station. She, along with other bonafide
passengers got down at that station. She approached the Railway Authorities for
protection, but, without any assistance. On reaching Bombay, she lodged a
complaint with the police about the incident.
On
filing complaint, Maharashtra State Commission', allowed the claim of the
appellant partly awarding total compensation of Rs. 1, 41,756. The Railway
administration, filed an appeal before the National Consumer Disputes Redressal
Commission with arguments -
·
When an unruly mob entered into the
railway compartment and caused damage on the person and property of the
passengers, the Railway administration was helpless.
National commission reversed the order
SC observed
“Railway administration
failed to take precaution and preventive measures. The appellant suffered
injury and no protection or support was given to her. The total absence of any
steps having taken by the concerned Railway Administration to mobilise adequate
police force sufficiently beforehand when the occurrences of such mob-violence by
ticketless travellers on stations enroute Nagpur to Bombay were to their prior
knowledge ”
From
the above judgments two things are clear
There
should be proved theft and proved negligence on the part of Railways for
holding them liable.
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