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STATE CONSUMER DISPUTES REDRESSAL COMMISSION

UTTAR PRADESH

FIRST APPEAL NO. SC/9/A/1431/2023

DRM Northern Railway

PRESENT ADDRESS - 11, Northern Railway Building, Mahatma Gandhi, Near LIC Building,

Hazratganj, Lucknow Through its Chief Commercial Manager,UTTAR PRADESH.

.......Appellant(s)

Versus

Usha Pandey & Others

PRESENT ADDRESS - R/O H.No. 2/120, Vikas Khand, Gomti Nagar, Lucknow,UTTAR

PRADESH.

.......Respondent(s)

BEFORE:

HON'BLE MR. JUSTICE AJAI KUMAR SRIVASTAVA , PRESIDENT

HON'BLE MRS. SUDHA UPADHYAY , MEMBER

FOR THE APPELLANT:

DRM Northern Railway

FOR THE RESPONDENT:

Usha Pandey & Others

DATED: 22/12/2025

ORDER

Reserved

State Consumer Disputes Redressal Commission, U.P.,

Lucknow.

Appeal No.1431 of 2023

DRM, II, Northern Railway Building,

Mahtma Gandhi, New LIC Building,

Hazratganj, Lucknow through its Chief

Commercial Manager. ...Appellant.

Versus

1- Usha Pandey w/o Sri Harishankar Pandy,

R/o House no.2/120,Vikas Khand, Gomti

Nagar, Lucknow.

2- DRM, Northern Railway Colony, Paharganj,

New Delhi.

3- DRM, North Central Railway, Subedarganj,

Alahabad (Prayagraj) …..Respondents.

Before,

Hon’ble Mr. Justice Ajai Kumar Srivastava, President.

Hon’ble Smt. Sudha Upadhyay, Member.

Sri Vaibhav Raj, Advocate for appellant.

Sri Hari Shankar Pandey for respondent.

Dated : 22.12.2025

JUDGMENT

(Delivered by Hon’ble Mr. Justice Ajai Kumar Srivastava, President

1- By means of the instant appeal, a challenge has been made to the

impugned judgment and order dated 12.6.2023 passed by learned District

Commission-I, Lucknow in complaint case no.140 of 2017, Usha Pandey

vs. DRM, Northern Railway & ors. whereby the complaint filed by the

respondent has been partly allowed by the learned District Commission-I,

Lucknow.

2- The delay in preferring the instant appeal, in considered opinion of

this bench deserves to be condoned which is accordingly, condoned.

3- Therefore, the appeal is admitted for hearing.

4- The brief facts giving rise to the instant appeal are that respondent

alongwith her husband and another person boarded Shatabdi Express,

Train no.12004 on 6.9.2016 from Ghaziabad to Lucknow in Coach no.C-

10, Seats no.11, 12 & 13 which were already reserved in their names. The

respondent boarded first at about 6.48 a.m. when there was crowd in the

coach and when she was trying to find her reserved seat, some unknown

miscreants took away her bag wherein her purse was kept. The matter

was reported to TTE and GRP. An FIR was registered. The respondent

was assured that suitable action will be taken, however, nothing happened

till date. According to the respondent, she was carrying jewellery worth

more than Rs.2,50,000.00 in her purse which was taken away by

miscreants. The jewellery including gold bangles, necklace, ear-rings and

tops etc. were kept in the purse. In addition to gold jewellery ATM Card,

Adhaar Card, driving license, keys of bank locker and keys of her house,

cheque book, pass-book and about Rs.10,000.00 cash were also kept in

the purse.

5- It was, therefore, prayed by the respondent/complainant to allow the

complaint and grant reliefs in her favour.

6- Written statement was filed by means of which it was admitted that

the respondent was travelling on 6.9.2016 by Train no.12004 in Coach

no.C-10, however, it was stated that there is nothing on record to show

that she was carrying aforesaid articles. Moreover, no article/goods were

booked by Railway, the appellant, therefore, no deficiency in service can

be said to have been done by the appellant.

7- The other parties also filed their written statements taking almost

similar stand.

8- In following terms, the learned District Commission, by means of the

judgment and order dated 12.6.2023 allowed the complaint no.140 of

2017:-

“ ,

परिवादिनी का परिवाद आंशिक रूप से स्वीकार किया जाता है तथा विपक्षीगण को

निर्देशित किया जाता है कि परिवादिनी को 4,000.00 (चार हजार रूपया मात्र) 09 प्रतिशत

वार्षिक ब्याज के साथ वाद दायर करने की तिथि से भुगतान की तिथि तक निर्णय की तिथि से 45

दिन के अन्दर अदा करेंगे। परिवादिनी को हुए मानसिक, शारीरिक एंव आर्थिक कष्