11 June 2024 Consumer Protection Act >> Consumer Rights  

A passenger who lost a bag containing valuables during a train journey has been awarded compensation by the consumer forums, but the Railways are challenging the order.

The passenger filed a complaint with the District Forum alleging negligence by the Railways in securing their belongings. The District Forum ruled in favor of the passenger and directed the Railways to pay compensation. The Railways appealed to the State Commission, which partially reduced the compensation amount.

Dissatisfied with the State Commission's decision, the Railways filed a revision petition with the National Commission. They argued that the lower forums lacked jurisdiction and that the passenger failed to provide evidence for the lost valuables. Additionally, they claimed the loss of luggage falls under criminal law, not consumer protection.

The Railways contended that the passenger's story was fabricated and that they are not liable for unbooked luggage as per their rules. They emphasized that passengers are ultimately responsible for their belongings.

The passenger, however, argued before the lower forums that the Railways failed to provide adequate security. They explained the delay in filing a complaint due to time constraints at the station where the loss was discovered.

The National Commission ultimately dismissed the revision petition. They explained their limited role in revising forum decisions, focusing on legal errors or irregularities, not re-evaluating factual disputes settled by the lower forums. Notably, the State Commission's reasoning regarding the presence of unauthorized passengers and a recovered mobile phone was upheld.

  Consumer Protection Act, 1986    Railways Act, 1989