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Viaji kirthi (Manager)     12 January 2012

Help to file a complaint on board train

 \"NAMASTHE\"
Dear All, recently I had a Experience I was Traveling from Bangalore to Shirdi in an night Train Family, My Mother had worn a gold chain, to her nightmare she had the Experience, She lost her chain, She Slept in the Sleeper Reserved coach in the Night, in the Morning she lost her chain, Some theft had happened in the Train, I immediately reported to the concern T.T, He directed us to report in the Destined police Station , where we gone and asked to File a police complaint, But they Didn\'t bother to register they said, Since you have Booked your Tickets in Bangalore you should go and book a Complaint in the Bangalore station, where we tried after our way back from the trip, But we could not able to book.
please Guide me
1. What are the Alternatives in this Connection.
2. Where should I book my FIR
3. In what way the Railway is liable to this.
4. Is which way i can target the TT
5. Whom to contact and what to do immediately.
Kindly Guide me in this. thanks in Advance------Vijai Kirthi, Mandya



Learning

 9 Replies

Sudhir Kumar, Advocate (Advocate)     16 January 2012

Just read railway time table. TTE is supporsed to receive complaint of theft and he is supposed to have a form. He is a public servant who had neglected command of law adn caused you in a situation where no complaint is possible. It is better you give a departmetnal complaint against him.  He being on the wrong side having failed in public duty you may seek leagal advise on feasibility of civil suit against him.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     18 January 2012

You should have contacted the Station Officer for the same.

 

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Sudhir Kumar, Advocate (Advocate)     19 January 2012

1. What are the Alternatives in this Connection.

 

Ans :One thing is sure you are not getting the chain as the theft is over 24 hours. Even if destination station had registered case they could not have recovered.


2. Where should I book my FIR

 

Ans : If you are keen on FIRT (though non-productive) then you give application to the elaka magistrate where theft occurred or where you deboarded   the train.  You will just end up paying some thousand rupees to some advocate and achieve nothing.


3. In what way the Railway is liable to this.

 

Ans : railways are normally not eligible for the belongings of the passenger but in this case their servant (TTE) has derelicted from duty. He has failed to provide you the form of complaint. Such duties of TTE are printed in the railway time table. Railway can be held liable in consumer court with this fact that the discovery has been delayed because of derelicted of duty by TTE.


4. Is which way i can target the TT

5. Whom to contact and what to do immediately.

 

Ans : Yes you can target him. No surprising he may be in league with thieves. You can submit a complaint to the SH A.K. MAITRA Chief Vigilance officer of Railway Board, Rail Bhavan, New Delh-110001 Phone:011-23384439,09810402472, Phone:011-23384439,09810402472 Fax: 011-23386805, E-mail :- amvig@rb.railnet.gov.in, Fax: 011-23386805, E-mail :- amvig@rb.railnet.gov.in

 

Viaji kirthi (Manager)     23 January 2012

"NAMASTHE"

                      Many Thanks for the Responce given to me, I'm very Immpresive  Suggeston givend, i have written an Compliant explaining all my Greviences to them,  Also, I have applied through RTI act explaining my questions to the Concern PIO> I hope this will work also, Please suggest me in which way it will help me.

      Thanks for help given to me.......Vijai kirthi, Mandya

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     26 January 2012

Wait for the reply of the RTI application.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

Viaji kirthi (Manager)     23 February 2012

As per your Gudience and Support, I got Help in Getting Justice, As i told you I applied Through RTI Route,
I got the following Reply to the same Question as i raised in the BLOG.

To the Entry no. 2 -----Railway Board cell had replied Entry no.2 of the State List of the Constitution of India may please be referred to, Which is Available in public domain as well as in open Market. According to which "police"(including Railway police and Village Police) is a State Subject. Hence any information in respect to police or Railway Police may Please be taken from concerned CPIO of Concerned State.

To the Entry 3 & 4 ...... As per provisions under Cr.P.C., which is available in public domain, FIR can be lodged under sections 154, 155,156 and for taking legal action for offenses taken place during transit may be initiated as per provisions  under 183 Cr.P.C.

Tothe Entry 5 & 6 ....... AS far as railway liability is concerned, Railway tries to assist traveling passengers in distress and an aggreived passenger may complain to various Railway authorities having jurisdiction over the Railway where incident took place.

Thanks and Regards -------------- Vijai kirthi, Mandya

Sudhir Kumar, Advocate (Advocate)     24 February 2012

Railways have admitted that they help passenger to lodge complaint.  I do not know what was  your query.  If you asked whether TTE is or is not included in such authorities.

 

Sudhir Kumar, Advocate (Advocate)     24 February 2012

Railways have admitted that they help passenger to lodge complaint.  I do not know what was  your query.  If you asked whether TTE is or is not included in such authorities.  Then their reply will be vague liable to appeal.

 

For lodging complaint against TTE (for dereliction of duty or apparent connivance) you never needed any information under RTI.  You could have without wasting time lodged complaint with the Chief Vigilance Officer of Railways Board. You know the train No Coach No and date.  You did not need any further information. You need not get the name and duties of TTE under RTI Act.  RTI is an device to facilitate you rights and it is neither obligatory process nor grievance redresal machine.

 

Railways are justified in stating that the Police is State Subject. Railway police is not even aid by Railways.  

 

Before invoking RTI you should have relied upon the information available in public domain.  If you purchase rail time table (I do not know in which form they publish) Such time table at times have elaborate descripttion of the role of TTE in helping passenger to lodge theft complaint and time table at times contain even form complaint form.

 

Viaji kirthi (Manager)     24 February 2012

"NAMASTHE",

                         Many thanks for the reply, the same query what I have posted on the Blog, the answer  is the given above by the railway's, and  as per your advice on the day itself I have given wrriten complaint to the Cheif Vigilance officer and I'm expecting the reply form them. Many thanks for the concern.


Just  to know the Role of the railways  I used the RTI Route, I will update as soon as I get the reply.


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