TITLE – RAILWAYS NOT LIABLE FOR THEFT OF PASSENGER’S BELONGING- CONSUMER FORUM’S AWARD SET ASIDE BY SUPREME COURT.  

CASE NAME – STATION SUPERINTENDENT & ANR.   VERSUS SURENDRA    BHOLA

CASE NUMBER – CIVIL APPEAL NO. 7116/2017

COURT – SUPREME COURT OF INDIA

BENCH – VACATION BENCH -: JUSTICE VIKRAM NATH AND JUSTICE AHSANUDDIN AMANULLAH

DECIDED ON – 15TH JUNE 2023

CASE LAWS – No Cases discussed in this order.

BRIEF FACTS AND PROCEDURAL HISTORY-

1.     The defendant, Surendra Bhola a businessman was travelling Kashi Vishwanath Express carrying a sum of ‘One Lakh’ Rupees on his body which got stolen in night when he was sleeping. This incident took place in 2005.

2.     The respondent filed a complaint before the District Consumer Disputes Redressal Forum, Shahjahanpur. He prayed for Rs One Lakh Compensation with interest 18% per annum and Rs 400 for his torn pant.

3.     The District Forum allowed the complaint partly and directed the Railways to pay Rs. 1,00,000 to the defendant.

4.     Aggrieved Petitioner filed his first appeal before State Commission who concurred with the order of District Forum.

5.     Not satisfied, the petitioner filed a review petition before the National Consumer Disputes Redressal Commission. The commission said it is not inclined to entertain the petition but the question of Law, if any, is open to be decided in an appropriate case.

6.     Hence this appeal before the honorable Apex Court.

ISSUE-  

⮚ Whether the Railway should be liable for theft of personal belonging of a passenger which is not booked?

RATIO- 

The vacation bench comprising honourable judges heard learned counsel for the appellant Mr. Rajan Kumar Chaurasia and taking into consideration the the fact that no one appeared for the respondent even though notice was served. The Honourable Judges were of opinion that –

●      It is not intelligible to call theft of passengers personal belonging during a journey, a deficiency in service.

●      That if the passenger is not able to protect his own belongings, Railways cannot be held responsible.

HELD-

The appeal was allowed and the order passed by the National Consumer Disputes Redressal Commission and the District Consumer Forum was set aside. Any pending order was disposed of.