Want to sue Indian railways and GRP
While travelling through train,in night of 28/05/2015,a thief came inside my bogie and took away with my bag carrying cash,gold ornaments,mobile phone etc.,I
I first complained to TTE,then he contacted the control.lodged FIR with GRP on 29/05/2015.
Now I want to sue Indian railways for the negligence ,and I want compensation.
Kindly advise me the course of action.
Asked in Civil Law from Lucknow, Uttar Pradesh
1) you can file complaint before consumer forum for deficiency in service and seek compensation for loss suffered by you
2) in many cases consumer forum have directed railways to pay compensation for loss of valuables of passengers
3) you can also claim compensation for mental torture undergone by you
You cannot sue Indian Railways for negligence. You have to follow the matter through the police action only. If you were walking in the road and a robber snatches the bag from you for which if the local police has already registered a FIR, will you contemplate to initiate action against the Collector or Chief minister for failing to provide you security?
In your case railways has been doing its best through its own police/security force to bring you some respite,beyond that the railways cannot be held responsible for any compensation. If you plan to contemplate any action in this regard against railways, it will be a waste effort.
1. You have a valid legal ground to sue the railways as it is the responsibility of the railways to take all the adequate measures to protect the valuables of the passengers inside the train.
2. Since the FIR has already been filed you can proceed to issue a lawyer's notice to the railways to claim compensation, failing which you can move to court.
1) The fact is that the authorities in Railway have acted as per procedure and you have successfully lodged an FIR with the GRP at the earliest.
2) Right now you need to allow reasonable time to the GRP to investigate and recover the stolen goods.
3) If the stolen goods are not recovered you may approach the court with a suit for damages. You need to be prepared to show you weren't negligent and had taken reasonable care in securing the valuables while on transit.
send a legal notice to them for 60 days time as per section 80 of CPC.
if they are not ready to compensate to you within 60 days then after 60 days you may file a civil suit for damages before civil court or file a complaint before consumer Forum against them and claim compensation for their negligence.
Advocate, New Delhi