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IN THE NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI RESERVED ON : 25.11.2025 PRONOUNCED ON : 10.03.2026 REVISION PETITION NO. 2166 OF 2024 (From the order dated 16.05.2024 in RA No. 46/2023 and FA No. 848/2023 of the State Consumer Disputes Redressal Commission Uttar Pradesh)

Union of India (Through General Manager, East Central Railway)

Central Railway Hazipur Vaishali, Bihar Petitioner (s)

Versus Nishant Kumar (Q NO.-125H, BHEL Township, Sector 17, Noida, UP 20301 Respondent(s)

BEFORE:

HON'BLE DR. INDER JIT SINGH, PRESIDING MEMBER HON’BLE DR. JUSTICE SUDHIR KUMAR JAIN, MEMBER For the Petitioner(s) None For the Respondent(s) Respondent in Person

ORDER

DR. INDER JIT SINGH, PRESIDING MEMBER

1. The present Revision Petition (RP) has been filed by the Petitioner against Respondent as detailed above, under section 58(l)(b) of Consumer Protection Act, 2019 against the order dated 16.05.2024 of the State Consumer Disputes Redressal Commission, U.P. (hereinafter referred to as the 'State Commission'), in RA No 46/2023 and First Appeal (FA) No. 848/2023 in which order dated 07.01.2023 of District Consumer Disputes Redressal Commission, Gautambudh Nagar (hereinafter referred to as District Commission) in Consumer Complaint (CC) No. 179/2021 was challenged, inter alia praying for setting aside the order dated 16.05.2024 passed by the State Commission in RA/46/2023 & FA/848/2023.

2. While the Revision Petitioner (hereinafter also referred to as Railways) was Appellant before the State Commission and Opposite Party before the District Commission, the Respondent(s) (hereinafter also referred to as Complainant) was Respondent before the State Commission and Complainant before the District Commission. Notice was issued to the Respondent(s) on 27.08.2024. Parties filed Written Arguments on 25.02.2025 (Petitioner) and

28.11.2025 (Respondent) respectively.

3. Brief facts of the case, as presented by the Complainant and as emerged from the RP, Order of the State Commission, Order of the District Commission and other case records are that: -

On 14.09.2020, the Complainant had booked 2AC train tickets for journey along with his wife and his 21/2 year son in Sampoorn Kranti Special Train from New Delhi to Patna on 11th November, 2020. The Complainant had paid Rs.3855.40 for the tickets. The complainant was allotted Coach No. A2 with Berth No. 35 (Side Lower) and 36 (Side Upper). In the intervening night of llth/12th Nov.2020 at around 4 AM, an incident of theft occurred with his wife inside the train Coach, who was on berth No. 35, noticed that her red colored hand bag, which was there with her at birth No. 35 till 3-30 AM, when she last feed her son with bottle, was missing (with mobile, cash, purse etc.). She immediately informed her husband and they raised alarm in the coach. The coach attendant was informed with a request to inform TC on duty and other security staff. While searching along with the coach attendant, the cap of feeding bottle was found near the junction of coach 1AC and 2AC. The TC advised complainant to file complaint on next stoppage with GRP. The complainant insisted to provide the complaint form/register which is meant for registering complaints regarding crimes committed in train while travelling without going to GRP Thana as per various instructions displayed in coach. The TC, RPF as well as GRP ASI claimed that there is no such provision and complainant has to visit GRP Police station, if he wishes to lodge the complaint. After denial by on duty Railway staff to lodge the complaint in train, the complainant raised the issue with various senior Railway officials over WhatsApp. Only after intervention of Sr. Divisional Commandant, complainant was provided with complaint Form. The Complainant handed over the duly filled complaint form to RPF on duty in the running train. Thereafter, the complainant was called at Patna RPF and then at Patna GRP to submit a fresh complaint. After submitting fresh complai