Chennai: The District Consumer Disputes Redressal Forum, Chennai (North) directed the Southern Railway to pay compensation of Rs 1.05 lakh to a woman for theft of her golden mangalsutra while travelling in a train four years ago.
The bench comprising president K. Jayabalan and member T. Kalaiyarasi said if Southern Railway had provided sufficient security to take care of passengers the incident would not have occurred.
In the petition, P. Jayanthi (61) of Anna Nagar West said she travelled in a second-class reserved compartment on Mumbai CST-Chennai Central Mail Express from Mumbai to Chennai on February 13, 2013.
When she woke up at Chennai Central railway station, she found her golden mangalyam weighing 4.5 sovereign, was missing from her neck. She suspected it was cut and stolen by a person travelling in the train. The incident took place in the train after it crossed Renigunta railway station, she stated.
In her complaint, Railway Police registered a case under section 379 IPC. Even after 18 months the police had not traced her mangalsutra. She alleged that Southern Railway committed deficiency in service and sought direction to the railways for paying compensation.
In its reply, the General Manager, Southern Railway, Chennai, said that the grievance was only against the Railway Police who had not recovered her mangalsutra. Therefore, Southern Railway had not committed negligence in service. She must seek redressal from Railway Police. She lost the thali chain due to her negligence and as per section 100 of the Railway Act, 1989 the Railway Administration shall not be responsible for loss, destruction deterioration or non-delivery of any luggage unless a Railway servant booked the luggage and gave a receipt.
The bench said, “After checking the tickets, the duty of the ticket travelling examiner (TTE) is to see that the passengers went to bed during night hours. The TTE has to take steps to lock the compartment and see that no intruders enter into the compartment.”
The bench said it is duty of Southern Railway to check the security of passengers. Since the chain was missed while travelling in the train, Southern Railway is liable for the loss. No third person could enter the reserved coach if the doors are locked with proper care.
What happened?
- On February 13, 2013, the victim travelling from Mumbai to Chennai, woke up from a nap to find her mangalsutra missing.
- Even after 18 months the police had not traced her mangalsutra. Hence the petitioner filed a case.
