The Nashik consumer grievances redressal forum has ordered the Railways to compensate a woman passenger whose mobile phone and other belongings were stolen from the air-conditioned compartment of the Guwahati Express in 2015.In a unanimous judgment on September 5, the forum also ordered compensation for mental harassment to the passenger, Diptee Tripathi, a resident of Nashik Road area, and cost incurred by her.Forum president Milind Sonawane and members Prerna Kalunkhe-Kulkarni and Sachin Shimpi relied on a 2013 National Consumer Disputes Redressal Commission decision to rule in favour of the complainant.The forum was hearing the case registered on November 23, 2016. Tripathi had travelled with her three-year-old son from Nashik to Manipur by LTT–Guwahati Express (15647) on November 27, 2015.During her journey, Tripathi found some people moving around suspiciously in the coach at night and wanted to complain, but did not find any security personnel or attendant. When she went to sleep a few hours later, her purse was picked up.“The purse that was stolen contained cash, mobile phone and other articles, totally worth Rs 43,100. The incident occurred between Katni and Satna railway stations. A case in connection with the theft was registered with Mirzapur government railway police,” she told the forum.The Bhusawal railway division, in its response, stated that since the incident had occurred between Satna and Katni, the local forum could not hear the case. They argued that the railway terms and conditions clearly state that the passengers are responsible for their goods and belongings.The forum observed that since there was a railway booking office at the Nashik Road station, it was like a branch of the Railways and hence the local forum could hear it. Secondly, the forum also observed that it was the choice of the consumer to use the remedial measure — the railway tribunal or the consumer forum.The forum observed that the national consumer commission had in 2013 held the Railways responsible for the loss of goods from reserved air-conditioned coach where guards and attendants are appointed.“Since the national forum ruling was upheld by Supreme Court in February 2014, it has become a law,” lawyer Keshav Shelke said.The forum has ordered the Railways to compensate the consumer with Rs 10,000 for mobiles and other goods whose cost could not be established for lack of bills and Rs 27,000 for the purse and cash in the bag.The forum also ordered the Railways pay a compensate of Rs 10,000 for mental harassment and Rs 5,000 for cost incurred over and above the payment of Rs 37,000 with immediate effect.

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