Haryana

Ambala

CC/242/2019

Jagdish Chander - Complainant(s)

Versus

DRM - Opp.Party(s)

In Person

13 Aug 2019

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.

 

                                                                    Complaint case No.:  242 of 2019.

                                                                    Date of Institution         :  05.08.2019.

                                                                    Date of decision   :  13.08.2019.

 

Jagdish Chander Machhal son of Shri Manak Chand, aged about 59 years, resident of House No.1243, Chanderpuri Colony, near DRM Office, Ambala Cantt, Tehsil Ambala Cantt, District Ambala.

          ……. Complainant.

                                                Versus

 

1. The Divisional Railway Manager, Northern Railway, Rail Vihar, Ambala Cantt, Tehsil Ambala Cantt, District Ambala.
2. The General Manager, Northern Railway, New Delhi.

 

     ….…. Opposite Parties.

 

Before:        Smt. Neena Sandhu, President.

                   Smt. Ruby Sharma, Member.

Shri Vinod Kumar Sharma, Member.                 

                            

Present:       Complainant in person.

 

Order:        Smt. Neena Sandhu, President

Complainant has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act against the Opposite Parties (hereinafter referred to as OPs praying for issuance of following directions to them:-

1. To pay value of the stolen goods amounting Rs.1,00,000/-
2. To pay Rs.2,00,000/- as compensation on account of mental agony and physical harassment suffered by him.
3. To pay Rs.50,000/- as litigation charges.
   382.  

                   Any other relief which this Hon’ble Forum may deem fit.

 

                   The brief facts of the case are that the OPs are working for their gain at Ambala and they are rendering services of travelling to the general public at Ambala Cantt and other stations also. The complainant had purchased two ticket from Ahmedabad to Ambala Cantt vide Ticket No.PNQ 8517453547 of Train No.12475, Hapa Jammu Tawi Express in Coach No.S/5 Seat No.15 & 20 on 22.01.2015. On 22.01.2015, the complainant alongwith his wife Smt. Megha Machhal started their journey from Ahmedabad to Ambala Cantt on the scheduled date, time and place and boarded the train from Ahmedabad and occupied seat No.17 & 20. While travelling, the complainant and his wife were having blue-purple colour brief case containing following articles:-

                                                                                      Approx. value

1. One new briefcase of Voyage Co. in blue colour           Rs,2,000/-
2. Lady purse containing                                                   Rs,1,000/-

1. One golden Mangalsutra                                      Rs.80,000/-
2. One paid lady silver payal                          Rs.3,000/-
3. Mobile handset (Samsung)                         Rs.3,500/-
4. Cosmetics and cash of Rs.2700/-                Rs.3,000/-

3. Lady items: One woollen jacket, two pairs lady bra &  Rs.2,500/-

Panty, socks, handkerchiefs, another lady purse, towel

Woollen shawl.

4. Gents items: One woollen jacket, one shirt, one lower   Rs.4,000/-

three pairs vests and under wears, three pairs socks,

three handkerchiefs, one woollen scarf, two towels

5. One paid leather shoes (gents)                                       Rs.1,000/-

                                                                             Total                                                                              Rs.1,00,000/-

                   The said briefcase was stolen by some unknown on 22.01.2015 in the early morning between 03:30 AM to 05:00 AM by cutting safety chain, which was chained and locked with seat/birth hook of seat No.17 & 20 of coach No.S-5. After the said incident, he immediately gave an application regarding theft of his briefcase to the authorities concerned on 27.01.2015 and thereafter, gave several reminders dated 24.06.2016, 21.10.2016, 10.01.2017, 08.03.2017 respectively about the same. He had also got lodged Zero FIR No.20150014 u/s 379 of IPC at Ambala Cantt on 22.01.2015 against unknown person/persons and the same was transferred to Deputy Commissioner of Police, Railway New Delhi Ajmeri Gate side, Railway Station, New Delhi vide No.195/Zero-FIR dated 28.01.2015, but no action was taken so far on the said FIR. Neither the culprit was traced/arrested nor any recovery was effected. The complainant had been approaching the authorities so many ways i.e. in writing, through email and verbally also, but all in vain. Last reminder was given on 08.03.2017. It was the duty of the railway staff to be vigilant and see that no untoward incident like theft occur in the train. The complainant earlier filed similar complaint u/s 12 of the Consumer Protection Act, which was registered at No.127 dated 22.04.2019  and the same was dismissed as withdrawn by the complainant keeping in view the bonafide belief that this complaint is not under the purview of this Forum and accordingly the same was dismissed as withdrawn vide order dated 30.04.2019. Thereafter, the complainant consulted the law on this point and came to know that various State Commission and National Commission under the Consumer Protection Act have awarded compensation in such theft cases which occurred with the passengers travelling in the train, therefore, for redressal of his grievance, he has filed the present complaint before this Hon’ble Forum.               

4.                We have heard the complainant and carefully gone through the case file.

5.                As per the complainant, on 22.01.2015, he and his wife were travelling from Ahmebabad to Ambala Cantt in Coach No. No.S/5 duly reserved seats No.17 & 20. In the train, their briefcase containing articles worth Rs.1,00,000/-, got stolen. He lodged the complaint with the authorities concerned and also given several reminders, but when nothing was done by the said authorities, then he filed the present complaint.

6.                Moot question which falls for consideration is as to whether the complaint filed by the complainant is within the limitation or not? 

7.                It may be stated here that the complainant was travelling on 22.01.2015 and his briefcase got stolen. Meaning thereby, the cause of action arose to the complainant on 22.01.2015. Section of the 24-A of the CP Act reads as under:-

 24-A. Limitation Period:

1. The District Forum, the State Commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen.
2. Notwithstanding anything contained in sub-section (1), a complaint may be entertained after the period specified in sub-section (1), if the complaint satisfies the District Forum, the State Commission or the National Commission, as the case may be, that he had sufficient cause for not filing the complaint within such period”.

                                     

                   As per said Section, the complainant was required to file the complaint within two years from the date on which cause of action has arisen, whereas, the complainant had filed the present complaint on 05.08.2019 i.e. after the expiry of the limitation period, as envisaged u/s 24-A of the CP Act. Neither the application for condonation of delay nor any explanation regarding the same, has been given by the complainant. Mere approaching the other authorities or doing the correspondence, will not extend the period of limitation automatically. In the case of State Bank of India Vs. M/s B.S. Agriculture Industries, 2009 (2) CPJ, 29 (SC), the Hon’ble Supreme Court of India has held that provision of Section 24-A of the Act is peremptory in nature and requires consumer forum to see before it admits the compliant that it has been filed within two years from the date of accrual of cause of action. The consumer forum, however, for the reasons to be recorded in writing may condone the delay in filing the complaint if sufficient cause is shown. The expression, ‘shall not admit a complaint’ occurring  in Section 24A is sort of a legislative command  to the consumer forum to examine  on its own whether  the complaint has been filed within limitation  period  prescribed thereunder.  As a matter of law, the consumer  forum  must deal with the complaint on merits only if the complaint has been filed within two years from the date of accrual of cause of action and if beyond the said period, the sufficient cause has been shown and delay condoned for the reasons recorded in writing. In other words, it is the duty of the consumer forum to take notice of Section 24-A and give effect to it. If the complaint is barred by time and yet, the consumer forum decides the complaint on merits, the forum would be committing an illegality and therefore, the aggrieved party would be entitled to have such order set-aside. The Hon’ble Supreme Court has further held that by no stretch of imagination, it can be said that limitation came to be extended by Bank’s reply.

8.                 For the reasons stated above, the present complaint filed by the complainant is barred by limitation and is hereby dismissed in limine, with no order as to costs. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

Announced on :13.08.2019.

 

 

 

          (Vinod Kumar Sharma)           (Ruby Sharma)               (Neena Sandhu)

              Member                                  Member                       President