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Pranay (Self Emloyed)     29 March 2015

Theft of luggage in train

Dear Members,

My wife's jewellery was stolen in a train journey and I have filed an FIR for the same.

But, Police and Railways had failed to do anything for it. Police folks suggested me to file a consumer case.

I have filed a consumer case against Divisional Railways for compensating for the amount of Jewellery and lack of service.

What do you guys think of the case? Do I stand a chance in the case? What is the legal point I should be forcing on the case to make Railways pay for the lack of security as, the incident happened inside the train where there was no security, TTE and the miscreants had entered 3AC coach without reservation?

 

Thanks,

Pranay 



Learning

 2 Replies

cyberlawyer (barrister)     29 March 2015

I dont think the Railway authorities can be held responsible for this as it is for the passengers to secure his belongings. Moreover how can you prove that first of all you were carrying jewellery and it was stolen by some miscreants without any ticket ?. Have you chained your luggage to the seat ports and the railway authorities have been so negligent that a prudent man wouldnt be ?. Even in that case, i doubt because they would have  a disclaimer clause as usual which other government authorities would have. 

Learned members can comment. 

iqbal Singh (SE)     29 March 2015

At the outset, I must say that I am not an expert. I respectfully agree with the views of learned Cyberlawyer. At the best Mr Pranay can file an FIR reporting theft of some luggage but no suit for compensation is entertainable in such a case. An analogy can be drawn to the incident where several Locker Holders in a bank were shattered to learn that all their belongings in the Lockers have been stolen by thiefs who drilled their way into the Locker Room of a bank. Bank does not know what valuables were kept in the Lockers. So no compensation was on the way. However in case of a cash robbery, cash robbed does not affect account holders because clear account of all transactions is available with the Banks.


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