The division judge bench of Justice Vikram Nath and Justice Ahsanuddin Amanullah of the Apex Court in the case of Station Superintendent & Anr Vs Surender Bhola held that Railway can’t be held liable for the theft of person’s belongings.
Brief Facts
The factual matrix of the case is that the respondent filed a claim before the District Consumer Forum, claiming that the Railways should compensate him for the loss he suffered while traveling on board a train with Rs. 1 lakh in cash concealed in a belt tied around his waist.
The District Consumer Forum directed the appellant to pay Rs. 1 Lakh to the Respondents. However, the appeal filed before the State Consumer Dispute Redressal Commission and the National Consumer Disputes Redressal Commission was dismissed.
Observations of the court
The Hon’ble Apex Court stated how the theft could possibly be connected to the Railways' lack of service in any manner. The Railways cannot be held liable if the passenger is unable to secure his own belongings.
Based on this consideration, the Hon’ble Court set aside the order passed by the National Consumer Disputes Redressal Commission, State Consumer Dispute Redressal Commission and the District Consumer Forum.
Decision of the court
With the above direction, the Hon’ble court allowed the appeal.
Case Title: Station Superintendent & Anr Vs Surender Bhola
Coram: Hon’ble Mr. Justice Vikram Nath and Hon’ble Mr. Justice Ahsanuddin Amanullah
Case No.: Civil Appeal No.7116/2017
Advocates for the Appellant: Mr. Rajan Kumar Chourasia, Adv. Mr. Merusagar Samantaray, Adv. Ms. Sweksha, Adv. Mr. Amrish Kumar, AOR Mrs. Anil Katiyar, AOR
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