Order No. 2  dt.  08/07/2019

             Complainant filed this case with the allegation that the complainant purchased ticket for his journey from Delhi to Kolkata on 31/12/2016 for which the complainant paid the fare of Rs.6030/- but due to illness the complainant cancelled his journey. The complainant in respect of the payment of the said amount by purchasing ticket and whenever the cancellation was made the opt. failed to refund the amount for which the complainant filed this case praying for direction upon the opt. for refund of the amount along with compensation and cost.

            On perusal of the record it appears that Section 13, 15 and 28 of Railway Claims Tribunal Act, 1987 it appears that in Section 13(1)(b) of Railway Claims Tribunal Act it has been categorically categorically stated that in respect of the claim for refund of fares or part thereof or refund of any freight in respect of the animals or goods entrusted to railway administration to be carried by railway and the Claims Tribunal has the jurisdiction to entertain such dispute. Section 15 of the said Act categorically stated that on and from the appointed day no Court or other authority shall have, or to be entitled to, exercise any jurisdiction power or authority in relation to the matters referred to Section 1 and 1A of Section 13. In support of the said contention we can rely on decision as reported in IV (2009) CPJ 137 Rajasthan whereby complaint was dismissed by Forum holding that the matter was not within the jurisdiction of the Forum. In respect of the claims of refund of fares jurisdiction lies with the Railway Claims Tribunal Act and not before Consumer Fora. Section 15 of the said Act bars the jurisdiction of any Court or authority to exercise jurisdiction in relation to matters U/S13 of the Act.

            In view of the said fact and the position of law we are not inclined to entertain the petition of complaint filed by the complainant.

            Hence, it is ordered

            That the petition filed by the complainant hereby dismissed in limini and the complainant is given opportunity to file the case before Railway Claims Tribunal, if law permits.