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Mumbai: Observing that passengers need to be vigilant about their belongings, a district consumer commission rejected a Mira Road chartered accountant’s plea for Rs 14 lakh compensation after his wife’s purse was stolen when she was asleep on an Ajmer-Dadar train in 2017. There is no evidence to substantiate the complainant’s allegation of theft. “…Complainant himself was not vigilant in keeping his purse and luggage safe, how can the Railways be held responsible?” the commission said.
Blaming the Western Railways (WR) for negligence, the couple said they lost gold jewellery, a diamond ring, and cash worth Rs 3.5 lakh. However, refuting the allegations, the commission said it was clear that the woman carried valuable items in a purse and left it unattended, albeit briefly, in a public place, a train compartment. “The complainant has not been able to prove any negligence or deficiency in service on the part of the opposite parties — Railways. The complainant should be vigilant about her belongings,” the commission said.
The complainant, Lokesh Jain, moved the South Mumbai District Consumer Disputes Redressal Commission in Feb 2018. He said that the incident occurred in the 2nd AC compartment on Sep 21, 2017. In his complaint, he said that around 5-5.30 am, when the train passed Ahmedabad station, his wife went to the toilet with her purse and returned within 2-3 minutes. Later, she woke up to find her purse missing. Jain alleged that the railway staff, including the TTE and RPF personnel, were negligent in their duties, allowing unauthorised persons to enter the reserved compartment. “Despite reporting the incident to the railway authorities, no action was taken, and the complainant was forced to file an FIR at Anand Police Station. The complainant alleges that the railway administration failed to provide safe and secure transportation, resulting in the theft of their valuables,” Jain’s lawyer submitted before the commission.
Refuting the allegations, the railways submitted that the Jains had not declared the value of the stolen goods, therefore, were not entitled to any compensation. “The complainant was negligent in taking care of their belongings, and therefore, they are not entitled to any compensation. The complainant has not provided any evidence to support their claims of negligence or deficiency in service by the Railway Administration,” the lawyer for the railways submitted.
The commission pointed out that the incident occurred when the train was passing through a station, and many passengers were moving around, using the washroom, or standing near the door. “It’s possible that the theft occurred during this time when the complainant’s wife was asleep and unaware of her surroundings. The movement of passengers in the coach could have provided an opportunity for the thief to strike,” the commission said, dismissing the complaint.
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