Maharashtra

Nagpur

CC/479/2016

Abdul Munaff Abdul Rajjak - Complainant(s)

Versus

Chairman, Railway Board of India - Opp.Party(s)

Adv. R.B.Nikule

13 Jul 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NAGPUR
New Administrative Building
5th Floor, Civil Lines,
Nagpur-440 001
0712-2548522
 
Complaint Case No. CC/479/2016
 
1. Abdul Munaff Abdul Rajjak
R/o. Welcome Society, Boregaon, Gorewada Road, Nagpur
Nagpur
Maharashtra
...........Complainant(s)
Versus
1. Chairman, Railway Board of India
Office - Rail Bhawan, New Delhi
New Delhi
Maharashtra
2. General Manager, Delhi Railway
Office- Rail Bhavan, New Delhi
New Delhi
New Delhi
3. Divisional Railway Manager
Office- Nagpur Railway Station, Sitabuldi, Nagpur
Nagpur
Maharashtra
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. M. K. WALCHALE PRESIDENT
 HON'BLE MRS. MANJUSHREE KHANKE MEMBER
 
For the Complainant:Adv. R.B.Nikule, Advocate
For the Opp. Party:
ORDER

( Order passed by Hon’ble President Shri M.K. Walchale)

- O R D E R  -

 ( Passed on 13th July, 2016  )

 

  1. The complainant has filed this application u/s 12 of the Consumer Protection Act,1986.   The contentions are that on 30/3/2015  he was travelling with his family members in Amravati Jabalpur express.At pipariya  railway station District Hushangabad the purse of his wife was stolen, for that the complaint has been lodged in police station GRP Pipariya. He contended that, the opposite party have not provided a proper service and security whereby he sustained a loss of rupees 50,000/- due to theft of the purse of his wife.  Seeking compensation as prayed for  he has filed this complaint.
  2. Heard learned advocate Mr R.B. Nukle for the complainant.
  3. After having gone through the complaint application and the documents

produced, it is seen that the theft of the purse of the wife of the complainant had taken place at Pipariya district Hoshangabad and for that the report has been lodged.  The offence of theft is not committed within the territorial Jurisdiction of this forum. It also appears that the theft of the purse was outside the territorial authority of opposite party no.3. Had it been within the territory of opposite party no.3 it could have been said that prima-facie there was no proper security provided by opposite party no.3. How the cause of action against opposite party no.3 arose, the complainant could not satisfy the forum. It is contended by the learned advocate that the reservation was taken at Nagpur thus it gives rise the cause of action against opposite party no. 3.  However that cannot be accepted.

  1. For the aforesaid reasons it appears that the cause of action does not arise

within the territorial  Jurisdiction of  this forum and  on this ground the application does not   lie  before this forum. It will have to be returned to the complainant for presentation before  the appropriate forum. Hence the order.

ORDER

  1. The complaint application being not maintainable before this forum

for want of territorial jurisdiction, the same is returned to the complainant for presentation before the appropriate forum.  

  1.   No orders as to costs.
 
 
[HON'BLE MR. M. K. WALCHALE]
PRESIDENT
 
[HON'BLE MRS. MANJUSHREE KHANKE]
MEMBER

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