STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH.

Date of institution : 13.05.2024 Reserved on : 30.03.2026 Date of Decision : 22.04.2026

1. The General Manager, Northern Railway, Baroda House, New Delhi through Authorized Representative namely Navika w/o Sh.Gaurav Johri posted as Senior Commercial Manager, Claims, Northern Railways, New Delhi.

2. Union of India, Ministry of Railways, New Delhi through Authorized representative, Senior Commercial Manager i.e. Navika w/o Sh.Gaurav Johri, SCM, claims, Northern Railways, New Dehi vide order No.E(G)82 LL2-2(B) dated 20.04.2001 passed by Government of India.

3. The General Manager, Eastern Railways, Head Quarter Fairley Place, Kolkata through Authorized Representative, Senior Commercial Manager i.e. Navika w/o Sh.Gaurav Johri, SCM, Claims, Northern Railways, New Delhi (vide letter dated 18.04.2024 whereby Authorization has been granted to Northern Railways to file Appeal).

….Appellants/Opposite Parties.

Versus Harbhajan Singh Sandhu s/o S.Variam Singh r/o Sandhu Niwas, Tarn Taran Road, Chatiwind More Village Guruwali, Amritsar.

….…Respondent/Complainant.

First Appeal under Section 41 of the Consumer Protection Act, 2019 against the order dated 28.03.2024 passed by the District Consumer Disputes Redressal Commission, Amritsar in CC No.08 of 2020.

Quorum:-

Hon’ble Mrs. Justice Daya Chaudhary, President Ms. Simarjot Kaur, Member Mr. Vishav Kant Garg, Member

1) Whether Reporters of the Newspapers may be allowed to see the Judgment? Yes/No

2) To be referred to the Reporters or not? Yes/No

3) Whether judgment should be reported in the Digest?

Yes/No Present:-

For the appellants : Ms.Archi Maggo, Advocate for Sh.Akash Vashisth, Advocate For the Respondent : None SIMARJOT KAUR, MEMBER :

The Appellants/Opposite Parties No.1,2&3 have filed the present Appeal to challenge the impugned order dated 28.03.2024 passed by the District Consumer Disputes Redressal Commission, Amritsar (in short, “the District Commission”), whereby the Complaint filed by the Complainant had been allowed

2. It would be apposite to mention here that hereinafter the parties will be referred, as were arrayed before the District Commission.

3. Briefly, the facts of the case as made out by the Complainant in the Complaint filed before the District Commission are that Complainant along with 45 Sikh Jathas had gone to Guru Nanakshahi Dhaka (Bangladesh) on 11.11.2019. After paying obeisance in the Gurudwaras, the Complainant had started his return journey to Amritsar on 15.11.2019 after celebrating 550th Parkash Purabh of Sri Guru Nanakdev Ji. The Complainant and Jatha had gone to Hawra. In the evening of 22.11.2019 at Hawra, the Complainant along with other sikh jathas boarded Punjab Mail Train No.13005 in boggy No. S2 having seats No.1 to 8 along with the jatha. All the passengers were carrying their respective passports as they had gone out of Country i.e. Bangladesh. At about 2.30 p.m. when train was passing through Patna City, the Complainant had noticed that his suitcase was missing which was containing his Passport No.J6398998/cash Rs.38000/- along with 8 suits and two turbans. The Complainant immediately reported the matter to the Ticket Collector and other Railway Staff. He was told by them that he should lodge a Complaint in GRP Police Station on reaching his destination at Amritsar. Accordingly, he lodged the complaint in GRP Police Station, Amritsar. An FIR No. 137 dated 24.11.2019 was registered. However, till date, his belongings had not been found/traced. It was further alleged that in the said train, there was no GRP police and the officials present in the train were not performing their duties. They were sleeping at the time when theft had taken place. The said act of the OPs tantamounts to negligence on their part as they had failed to provide proper security to the passengers. The negligence on the part of the OPs the Complainant had faced harassment. Consequently, the Complaint was filed alleging ‘deficienc