IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution: 21.10.2016 Date of Hearing: 14.11.2025 Date of Decision: 03.12.2025 FIRST APPEAL NO.492/2016 IN THE MATTER OF GENERAL MANAGER, NORTHERN RAILWAY, HEAD QUARTER, BARODA HOUSE, NEW DELHI …APPELLANT (Through Mr. Sanjeev Kumar Verma, Advocate Email: sanjeev_lawyer@yahoo.co.in & Mob.9990162021)

VERSUS MR. VED PRAKASH SHARMA, S/O MR. KAILASH SHARMA, R/O F-120, STREET NO.82, MAHAVIR ENCLAVE PART-III, NEW DELHI-110059 …RESPONDENT (Through AKJ Law Associates, Email: contactus@akjlaw.in & Mob.9911331276, 9999020047)

CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HON’BLE PINKI, MEMBER (JUDICIAL)

Present: Mr. Sanjeev Kumar Verma, counsel for the appellant None for the respondent PER : HON’BLE PINKI, PRESIDING MEMBER (JUDICIAL)

JUDGMENT

1. The present Appeal (First Appeal) has been filed by the Appellant against Respondent as detailed above, against the order dated 06.08.2016 passed by the District Consumer Disputes Redressal Commission-II, (District South-I) (hereinafter referred to as District Commission) in Complaint (CC) No. 502/2008, inter-alia praying for setting aside the order passed by the District Commission.

2. While the Appellant was Opposite Party before the District Commission and the Respondent was Complainant before the District Commission.

3. The facts of the case as per the District Commission record are as under:

“Briefly stated, the case of the Complainant is that he had booked tickets on 23.07.08 for train No.2557 SaptKranti Express berth Nos.17 and 20 in coach No.S-11. At around 22.30 p.m. when they reached at Lucknow station two GRPF staff who were not in uniform came in the coach and started checking the luggage of the passengers and misbehaving with the passengers and when the Complainant protested against it they started abusing him and beat him. At that time, TT was also present but he did not stop them. When the GRPF staff left he found that his wife’s purse containing some cash, jewellery, mobile phone, ATM card and credit card of value of Rs.18,000/- was missing. He searched all around but could not find anything. No railway official including TT Arvind Kumar paid any heed to his complaint. After reaching to New Delhi Railway Station, he lodged complaint with GRPF, New Delhi. He also registered FIR bearing No.084 dated 24.07.08 U/s 379 IPC with P.S. New Delhi Railway Station. He and his wife suffered so much mental harassment and financial loss due to the negligence on the part of the staff of OP. Hence, pleading deficiency in service on the part of OP, the complaint has been filed with the following relief:-

i. Direct the OP to pay Rs.3,00,000/- as compensation towards financial, mental and physical harassment suffered by the Complainant due to the illegal acts on the part of the officials of the OP.

ii. Direct the OP to pay a sum of Rs.11,000/- as litigation expenses incurred by the Complainant.”

4. The District Commission after taking into consideration the material available on record passed the judgment dated

06.08.2016, whereby it held as under:

“It is not in dispute that Complainant alongwith his wife had booked tickets on 23.07.08 for train No.2557 Sapt Kranti Express berth No.17 and 20 in coach No.S-11 from Bettiah to New Delhi. When the train reached at the Lucknow Station two GRPF personnel came inside the compartment and checked the baggages of the passengers including the Complainant in the presence of TT Arvind Kumar and they went away and he found that his wife's purse containing some cash, jewellery, mobile phone, ATM card and credit card of Rs. 18,000/- was missing. He had informed the T.T. who was present in the compartment. He pulled the chain twice but the matter was not resolved. On reaching New Delhi Railway Station he lodged a complaint with GRPF New Delhi (we mark the document as annexure-A for the purpose of identification).

In view of the above, it transpires that the articles were lying in Complainant's wife's