Rishikesh sahay 31 October 2017
Pawan S (Advocate) 31 October 2017
Despite FIR is registered, no proper investigation is done, in such a case, the aggrieved person can
Rishikesh sahay 31 October 2017
Jaspal singh (practicing lawyer) 31 October 2017
Yes ,you can file subsequent to criminal case as well as consumer case on railway.
As you falls under the relationship of consumer.
Now it is well settled law that Railways has to ensure the safety of the passengers and also the safety of his belongings and any shortcoming or inadequacy or imperfection amounts to deficiency in service and therefore it renders Railways liable to pay compensation as loss or injury including the mental injury suffered by him.
Regards
Jaspal S Maini(Adv)
9999987283
Rishikesh sahay 01 November 2017
Pawan S (Advocate) 01 November 2017
It’s NOT like that, once a passenger boarded a train, all the responsibilities of his and his belonging, lies with the railways only.
Passengers are also liable for the safety of their belonging.
Certainly, anyone can file suit in the consumer court against railway after loosing their belonging in the train. But, how much the court will entertain these kind of suits & how much the complainant will get the benefit is a matter of question.
Rishikesh sahay 01 November 2017
Do agree with you Mr. Saha, it is definitely our own responcibility to take care of our belongings whether inside the train or outside. Please correct me if I am wrong but to my understanding difference in fare of different train and classes are not only for providing little extra wide birth, a bed roll and food but enhanced safety & security is a factor too. If it had happened on railway plateform or in an unreserved coach I would nod held railway much responcible for that but it happened in the cabin of 1st AC coach in a running train where an attendant is also deputed to ensure that only people with a valid ticket enters inside the coach. If the attendant was there how can any unauthorized person enter inside the coach and also walk out without his notice, the role of railway employee into this incident can also not be ruled out. And hence i consider it neglinence on part of railway as they have failed to provide security inside the train.
I am not an expert of this subject but have explained as I understand it, please let me know your opinion.
Thanks & regards// Rishikesh
kunal “#unconventional #Aquari 01 November 2017
Pawan S (Advocate) 01 November 2017
"If the attendant was there how can any unauthorized person"
The person is authorized or unauthorized is a matter of investigation.
Jaspal singh (practicing lawyer) 01 November 2017
Duty of TTE to ensure that nobody enters reserved compartment. hence railway is very much liable for negligance.
it was the duty of the TTE to ensure that no intruders entered the reserved compartment. Since apparently there was a failure on the part of the TTE to prevent entry of unauthorized person in the coach.
well settled by National consumer redressal. New Delhi, in UOI VS DR SHAOBHA AGGARWAL
Regards
Jaspal S Maini(Adv)
Rishikesh sahay 01 November 2017
Rishikesh sahay 01 November 2017