NEW DELHI: The Delhi state consumer commission has upheld an order directing Northern Railway to pay Rs 1.45 lakh to a passenger whose bag was stolen from a reserved train coach. The commission said the railway could not avoid responsibility by arguing that the passenger’s luggage’s are not covered under tickets, as the theft involved unauthorised persons entering a reserved compartment.The commission also noted that railway staff failed to prevent the intrusion and did not properly help the passenger lodge an FIR. It dismissed Northern Railway’s appeal on October 6, 2026, upholding the district commission’s order.
Background
As per the commission order, Ajoy Kumar was travelling from Delhi to Patna on Mahananda Express on June 7, 2014, when two unauthorised persons entered his reserved coach and stole his trolley bag.The bag allegedly contained jewellery, clothes and other belongings worth Rs 1.2 lakh. Kumar alleged that he immediately approached the TTE in coach and asked for an FIR to be lodged.However, the FIR was registered only on April 23, 2015. The complainant continued to follow up with the railway authorities and later learnt that the case had been marked as untraced in May 2017. He then approached the consumer commission, seeking compensation for the loss.Northern Railway denied responsibility, arguing that the luggage had not been booked with it and was in the passenger’s personal custody. It also relied on Section 100 of the Railways Act, which limits the railway’s responsibility for luggage unless negligence by railway staff is established. It further argued that the matter involved theft and should be dealt with under criminal law.The district consumer commission ruled in Kumar’s favour on April 16, 2024, directing Northern Railway to pay Rs 1.2 lakh with 9 percent annual interest from September 7, 2017, and Rs 25,000 as compensation. The railway challenged that order before the state commission.
Why did the commission hold the railway responsible?
A bench of President Justice Sangita Dhingra Sehgal and member Bimla Kumari noted that the district commission was right in holding the railway liable for negligence and deficiency in service.The bench said the issue was not simply whether the passenger had kept his luggage in his own custody. It was whether the railway had taken reasonable steps to stop unauthorised people from entering a reserved coach.“A passenger who purchases a reserved ticket is entitled to a reasonable assurance of safety and security of his personal safety and belongings,” the commission observed.It said allowing unauthorised persons to enter a reserved compartment went against the railway’s duty towards passengers. The commission also noted that the railway had not produced records such as the TTE’s duty roster, staff deployment details or other material explaining how the intruders gained access to the coach.The bench said the railway could not escape liability merely because the stolen items had not been formally booked. What mattered was whether negligence by railway staff had contributed to the loss.“The liability of the Appellant does not arise merely because a theft occurred, but because the theft was made possible due to the admitted failure of the railway staff to prevent unauthorized intrusion into a reserved compartment,” the order said.The commission also took note of the passenger’s efforts to report the theft. It said he had approached the TTE soon after the incident, but the railway failed to lodge the FIR promptly. Later, a railway communication stated that the status had been conveyed to him by phone, but the number mentioned in the letter did not belong to him.The bench said the railway had not explained where its staff were or what steps had been taken to prevent unauthorised entry.“The Appellant cannot be permitted to take advantage of a lapses which are entirely of its own making,” the commission said.It concluded that the district commission had correctly found deficiency in service and dismissed Northern Railway’s appeal, with no order as to costs.
What did the commission order?
The Delhi State Consumer Disputes Redressal Commission, in its October 6, 2026 order, upheld the district commission’s directions requiring Northern Railway to:
- Pay Rs 1.2 lakh to Ajoy Kumar, with 9 percent annual interest from September 7, 2017, until payment.
- Pay Rs 25,000 as compensation for mental pain, agony and harassment.
- Make the payment within 30 days of the district commission’s order.
The district commission had also directed that, if payment was not made within 30 days, the railway would have to pay 12 percent annual interest on the entire awarded amount from the expiry of that period.