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SMy mom’s phone got robbed recently this morning 4:30 am and it wasn’t a theft, it was a robbery ik the subtleties between these two. It was forcefully pulled from my mom’s hands (she wrapped the handbag’s handle around her arm) and she screamed because she felt that pain, everyone else was sleeping and until they gained consciousness the robber jumped off the moving train, the speed wasn’t much but it wasnt so slow.
We filed a complaint at Railway madad in under 15 mins and called 139 then told us that we’ll get a call from the DDU but they said to call 139 again we took help from fellow passengers for calling but other recordings are saved on my phone as well as the imei number and other information from the communication with them.Now, the fact that pisses me off is that my mom spent months earning that salary to buy this phone (18k after discount) and some work just steals it and railway authorities spin me around like I don’t have a brain. And now I am expected to see this at my level, well I would like a compensation instead because I paid 5k+ for 3 person ticket in a 3rd class AC coach tickets.
Please I want legal consultation to exercise my consumer rights.
Edit: I recorded some unauthorised people or locals roaming my 3rd AC compartment on camera. They were selling stuff or asking for money.
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MI am sorry for the loss. Make sure that you have file a formal police complaint with RPF for registration of FIR.
Regarding compensation from IR, Supreme Court has held that Railway is not liable unless negligence or misconduct is proved by complainant.
Please ensure that you take travel insurance to cover your travel journeys to secure your properties.
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SStarted a ticket at railmadad then called 139 and they said DDU will attend us in our coach and he did at 7:56 AM and he told us first thing to do after we arrive at our destination station is to file an FIR and it can take 2 to 3 months and still I might not get my belongings back
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SA friend of mine took the legal route and he won the case (cost of mobile phone + compensation (around 1 lakh for mental agony)
You should take formal route and see what happens.
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SYh I should I mean AC coaches are restricted and safe zones and still there are local roaming this coach, we even confronted one after seeing him multiple times here and he claimed he’s a local and got off went away.
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AIf the railway has mentioned they take responsibility for all you belongings then go ahead and Sue them.
Or if you purchase a ticket for ur mobile then definitely the railway is responsible and compensation.
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SAny property in your possession is your responsibility. Any loss is to your account unless you can prove reckless behaviour. Getting your phone stolen in a train does not constitute reckless behaviour on part of the railways
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SWell as I mentioned this happened in a 3rd class AC coach which is reserved and no one is allowed entry without a ticket and the handbag was wrapped around her arm but still there was a use of force, even if we let it slip I saw one officer cross my coach twice or thrice but at the time no one was there and the doors weren’t secured in a moving train, how’s that possible.
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S[Delhi HC doesn’t agree with you ](https://m.economictimes.com/news/india/passenger-should-protect-luggage-from-theft-not-railways-delhi-hc/articleshow/120131839.cms)
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SYh dude I get it but I specifically mentioned robbery in my case, as in she had her arm inside the belt or handle or whatever you say it, of the handbag and that robber pulled it, my mom screamed and then the robber applied more force, how can a woman withstand this amount of pressure in their hand in their late 40s. So it wasn’t stolen it was robbed in front of everyone, people saw it happening but he got out just in time and there was no personnel around.
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UAccording to your logic, your hand is your property. If someone chops it off, it’s your responsibility that you lost it and weren’t taking care of it.
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SYour first paragraph though you speak sarcastically is the law except that you’ll have a cause for action against the person who chopped it off. The person who is the owner of the place where this incident occurred will not be liable unless he had a direct role to play.
Trains are vestibuled and passengers and vendors can and do go through other compartments. Given this fact can you prove that the robber didn’t have a ticket or wasn’t a vendor? Also, if you’re robbed in a bus is the bus company liable ? Or if it’s a taxi ? Or your neighborhood mall ?
The parents. You are responsible for your safety.
Please read the law as it exists. Not as you wish it to be.
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HThis is not use where you can just sue someone and people will pay you off. In our country having to go through the judiciary process is in itself a punishment. I cannot comment on the legalities if your claims but even if you approach police with this, theyll laugh you out. They just dont have time foe this.
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UWhen people don’t try to sue, things like these happen with everyone. If someone wants to fight this, let him do it.
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FI had my phone stolen similar way. I was on lower berth and listening to song, a boy came and sat around by head area which I allowed as humanity cuz I thought he is just another passenger waiting for people to pass or just relaxing for a sec to get his seat. Next I know the music on my phone stopped I was listening to with earphones, I thought maybe the next song is buffering so it’s talking longer than usual to start next one. But when I turned to manually switch songs I find my wire unplugged and my phone missing, I sprung up to see the boy at the train door jumping out as the train was running super slow I shouted ans chaised him till door but since I was solo traveling and I had my bag with laptop and more expensive things compared to my phone I had to come back to my seat. The time was around 11.23pm and it was dark, even the compartment lights were dim. Other passengers helped me with their phone and I informed my family.
It was a truly horrible experience, I was soo frustrated the whole journey without phone cursing myself for my own goodwill gesture.
Raised complaint when I came back home, went to police and they said go to the place where the phone was stolen for FIR it’s in their jurisdiction. All they did was report a missing phone case and that was another huge disappointment.Life is full of sad moments. As soon as we step out of the home we need to keep our belonging safe, ourself safe,. Every fucker outside this horrible world is there to loot people.
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Sthe people in the comment section are like even if the robber put a gun to your head and asked for your belongings its your responsibility. YOU CANNOT QUESTION THE RAILWAY WHY THE ROBBER WAS THERE IN THE FIRST PLACE. his mother didnt lost the phone in the train. someone came in and snatched it from her. How the hell is this her responsibility. You people are part of the problem.
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CSometimes I have to travel alone too. But there are things I take care always:
1. Always book upper seat as its most safest and you get bird eye view from above.
2. Take chain and lock to lock up the baggage. Dont listen to your neighbour as if you are travelling old school like 90s.
3. Travel atleast in 3rd AC. If you are travelling with a high end phone and laptop this is least you must do. If you have high cost jewellery take 2nd AC.
The spent here is rather money saved.
4. Travel in Jeans and keep both mobile and wallet in same pocket in front. It might look something big inside but remember if anyone tries to pull it out you will feel the force first.
5. Buy a cheap touchscreen phone and keep your high end phone with ur laptop.
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