Railways not liable if passenger not careful about belongings: Consumer commission

Noting that complainant has stated that he had secured his luggage with a chain, the commission said, however, apart from securing the luggage with a chain, he was required to take all necessary precautions for the safety of his belongings and remain vigilant during the journey. (AI-generated Image)

Holding that, in cases of theft of luggage, the Railways cannot be held liable for deficiency in service, a Chhattisgarh District Consumer Commission dismissed a Rs 5 lakh compensation claim filed by a passenger against Indian Railways for stolen luggage on the Garib Rath Express.

A bench of president Dakeshwar Prasad Sharma and members Anil Kumar Agnihotri and Nirupma Pradhan was dealing with a plea of a man whose luggage was stolen, containing valuable jewelry and clothes, while he was returning from an engagement ceremony.

“The Supreme Court has held that passengers are responsible for safeguarding their own belongings. In cases of theft of luggage, the Railways cannot be held liable for deficiency in service,” the commission said on September 29.

The commission noted that the complainant has stated that he had secured his luggage with a chain. “However, apart from securing the luggage with a chain, he was required to take all necessary precautions for the safety of his belongings and remain vigilant during the journey,” it held.

The order underscored that Section 100 of the Railways Act provides that the railway administration is not liable in any manner for the loss, destruction, or deterioration of goods that were carried without being booked.

Family discovered missing luggage in morning

On October 29, 2015, the complainant and his family traveled from Kanpur to Raipur on the Garib Rath Express after attending an engagement ceremony. On October 30, 2015, around 6:45 am, before reaching Raipur, the complainant discovered that their luggage, containing valuable jewelry and clothes, was missing from where it had been kept.

The complainant reported the theft to the Government Railway Police (GRP) in Raipur and filed a complaint. The complainant alleged that the Railways failed to ensure proper safety and security inside the train coach.

Story continues below this ad

The complainant stated that the theft had been committed by the opposite party, but the stolen goods were neither replaced nor were the goods returned, which clearly amounts to deficiency in service and an unfair trade practice.

Passengers carry belongings at the owner’s risk: Railways

The railways argued that the complainant did not declare the contents, nature, or specific value of his luggage to the railway authorities prior to commencing his journey.

It was submitted that the luggage carried by the passenger fell under the free allowance limit and was unbooked. It was argued that under Section 100 of the Railways Act, the railway administration cannot be held responsible for the loss or theft of unbooked luggage unless a special declaration is made and the necessary extra fee is paid.

The railways submitted that under Rule 506.2 of the Indian Railway Conference Association Coaching Tariff, all personal items carried inside passenger compartments remain in the personal custody of the passenger and are carried strictly at the owner’s risk.

Story continues below this ad

Highlighting that the theft of unbooked personal luggage carried in a passenger’s custody does not constitute a “deficiency of service” on the part of the railways, it was argued that passengers are repeatedly advised and expected to exercise proper vigilance and safeguard their personal belongings during the journey,” the railways stated.

“Safeguarding personal goods passenger’s responsibility”

The commission observed that the complainant was carrying unbooked personal belongings within the free allowance limit in his own custody.

“The complainant had not produced any document to establish that he had declared his valuable goods under the provisions of the Railways Act. Therefore, it was clear that the complainant was carrying the stolen goods in his own custody under the free/unbooked category. In such circumstances, the responsibility for safeguarding the goods rested with the complainant himself,” the order said.

The commission noted that personal items kept inside passenger coaches remain under the personal care, custody, and risk of the passenger.

Story continues below this ad

Takeaway

This judgment reinforced the legal rule that Indian Railways isn’t liable for stolen unbooked luggage under passenger custody. By upholding Supreme Court precedent, it clarifies that personal theft doesn’t constitute a “deficiency of service”.

Consumers facing similar grievances may contact the consumer helpline in their respective states (Chhattisgarh helpline: 1800-233-3663) or dial the National Consumer Helpline at 1915 for assistance.

© IE Online Media Services Pvt Ltd

Jagriti Rai works with The Indian Express (Digital), where she writes from the vital intersection of law, gender, and society. Working on a dedicated legal desk, she focuses on translating complex legal frameworks into relatable narratives, exploring how the judiciary and legislative shifts empower and shape the consciousness of citizens in their daily lives. Expertise Socio-Legal Specialization: Jagriti brings a critical, human-centric perspective to modern social debates. Her work focuses on how legal developments impact gender rights, marginalized communities, and individual liberties. Diverse Editorial Background: With over 4 years of experience in digital and mainstream media, she has developed a versatile reporting style. Her previous tenures at high-traffic platforms like The Lallantop and Dainik Bhaskar provided her with deep insights into the information needs of a diverse Indian audience. Academic Foundations: Post-Graduate in Journalism from the Indian Institute of Mass Communication (IIMC), India’s premier media training institute. Master of Arts in Ancient History from Banaras Hindu University (BHU), providing her with the historical and cultural context necessary to analyze long-standing social structures and legal evolutions. ... Read More