DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016
Case No.16/2010
Shri Ghanshyam Singh, Adv.
Chamber No. 217
Saket Court, New Delhi-110017 ….Complainant
Versus
- The Chairman,
Railway,
Rail Bhawan,
New Delhi-110001.
- The General Manager,
Northern Railway,
Baroda House,
New Delhi. ….Opposite Parties
Date of Institution : 08.01.2010 Date of Order : 16.10.2018
Coram:
Sh. R.S. Bagri, President
Ms. Naina Bakshi, Member
Ms. Kiran Kaushal, Member
ORDER
Member - Kiran Kaushal
The facts of the case in brief are :-
On 03.02.2006 Shri Ghanshyam Singh, the complainant, was travelling from New Delhi to Muzaffarpur by train No. 2558 Saptkranti Express. The complainant on reaching his compartment kept the luggage under his reserved berth and around 05.10PM on the moving train, he noticed that his luggage was missing. Thereafter the complainant contacted the police on the train and tried looking for his luggage but all in vain. On 04.02.2006, the complainant on reaching Muzzaffarpur Junction Railway Station filed a written complaint to the Railway Police Station Muzzaffarpur. Finally on 16.02.2006 when the complainant returned to Delhi, he filed an FIR at Railway Police Station New Delhi.
2. On perusal of records it is observed that the present complaint is not maintainable as it is barred by limitation. It is observed that the cause of action took place on 03.02.06 and the present complaint has been filed on 08.01.10.
3. As per section 24 of the Consumer Protection Act, 1986 “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”.
4. Hence, the complaint is hit by limitation. Further no application of condonation of delay has been filed by the complainant. Hence, the complaint is dismissed as not maintainable in the eyes of law.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
Announced on 16.10.18
