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 Consum er Protection Act, 2019 against the order dated 16.05.2024 of the State Consum er Disputes Redressal Com m ission, U.P. (hereinafter referred to as the 'State Com mission'), in RA No 46/2023 and First Appeal (FA) No. 848/2023 in which order dated 07.01.2023 of District Consumer Disputes Redressal Comm ission, Gautambudh Nagar (hereinafter referred to as District Com m ission) in Consum er Com plaint (CC) No. 179/2021 was challenged, inter alia praying for setting aside the order dated 16.05.2024 passed by the State Com m ission in RA/46/2023 & FA/848/2023.

2. W hile the Revision Petitioner (hereinafter also referred to as Railways) was Appellant before the State Com m ission and Opposite Party before the District Com m ission, the Respondent(s) (hereinafter also referred to as Com plainant) was Respondent before the State Commission and Com plainant before the District Com m ission. Notice was issued to the Respondent(s) on 27.08.2024. Parties filed W ritten Argum ents on 25.02.2025 (Petitioner) and 28.11.2025 (Respondent) respectively.

3. Brief facts of the case, as presented by the Com plainant and as em erged from the RP, Order of the State Com m ission, Order of the District Commission and other case records are that: - On 14.09.2020, the Com plainant had booked 2AC train tickets for journey along with his wife and his 21/2 year son in Sam poorn Kranti Special Train from New Delhi to Patna on 11th Novem ber, 2020. The Com plainant had paid Rs.3855.40 for the tickets. The com plainant 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 m obile, cash, purse etc.). She im m ediately informed her husband and they raised alarm in the coach. The coach attendant was inform ed with a request to inform TC on duty and other security staff. W hile searching along with the coach attendant, the cap of feeding bottle was found near the junction of coach 1AC and 2AC. The TC advised com plainant to file com plaint on next stoppage with GRP. The com plainant insisted to provide the com plaint form /register which is m eant for registering com plaints regarding crim es com m itted in train while travelling without going to GRP Thana as per various instructions displayed in coach. The TC, RPF as well as GRP ASI claim ed that there is no such provision and com plainant has to visit GRP Police station, if he wishes to lodge the com plaint. After denial by on duty Railway staff to lodge the com plaint in train, the com plainant raised the issue with various senior Railway officials over W hatsApp. Only after intervention of Sr. Divisional Com m andant, com plainant was provided with com plaint Form. The Com plainant handed over the duly filled com plaint form to RPF on duty in the running train. Thereafter, the com plainant was called at Patna RPF and then at Patna GRP to subm it a fresh com plaint. After subm itting fresh com plaint at Patna GRP and after follow up with Inspector RPF, DDU and even with SP (Railway) Allahabad, the com plaint was registered with FIR 175/2020 dated 16th Decem ber 2020, after 35 days of incident. After finding no response from railway in com plaint, the com plainant had raised the m atter before Public Grievance Officer of Indian railway on Central Public Grievance Redress and M onitoring System (CPGRAMS) portal of M inistry of Personnel, Public Grievances & Pensions, Governm ent of India with com plaint num ber M ORLY/E/2021/00944 dated 21.01.2021.The com plainant registered the com plaint with Mr. Vivek Sr