Delhi

New Delhi

CC/870/2014

Arun Kumar - Complainant(s)

Versus

M/S. GM Northern Railway - Opp.Party(s)

06 Jun 2016

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI),

 ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110001.

 

Case No.C.C./870/2014                                                                                                       Dated:

In the matter of:

ARUN KUMAR ROY

S/o Sh. Nirmal Kumar Roy (Late),

R/o 204, D.K. Surabhi, Gomati Colony,

Nehru Nagar,

Bhopal-03

        ……..COMPLAINANT

VERSUS

GENERAL MANAGER,

Northern Railway,

New Delhi

 

               .... OPPOSITE PARTY

 

PRESIDENT: S.K. SARVARIA

ORDER

 

            The present complaint has been filed by the complainant alleging the deficiency in services of the Indian Railway experienced by him while travelling by the train Brahmaputra Mail, Train No. 14056 from Hazrat Nizamuddin to Guwahati, Assam in coach No. 7 on the reserved ticket No. PNR 2719406367 between dates 20-21^st June 2013 to 23^rd June 2013.

        The complainant has claimed for the sum of Rs. 30,000/- as a compensation for the suffering faced by him during his journey.

        Notice of the complaint was sent to the OP through Reg. AD Post for 24/7/15. Ld. Counsel for OP Sh. Kumar Vikram filed Vakalatnama on 24/7/15 and collected the copy of complaint.  OP has choosen not to file WS and as such its defence was stuck off on 26/8/15.  The complainant has filed his evidence by way of affidavit wherein he has corroborated the contents of complaint.

        We have heard arguments advanced at bar by both the parties and have perused written arguments of both parties.

The complainant has placed on record the copy of railway ticket. Copy of the complaint letter dated 22/7/13, copy of the complaint made on 23/6/13, copy of the reminder letter dated 2/10/13 in support of his case.

        At the stage of oral arguments ld. counsel for OP filed written arguments and addressed the oral argument that present complaint does not fall within the territorial jurisdiction of this Forum.

        We have persued the complaint, complainant started its journey from Hazrat Nizzamuddin, he filed a written complaint for the inconvenience caused to him with Sr. Divisional Commercial Manager, Northern Frontier, Railway Alipur, Duwar Juncion, West Bengal through Div. Commercial Manager, N.F. Railway Malegaon, Guwahati, he sent reminder letter dated 2/10/13 also to Sr. Div. Commercial Manager, Alipur, Duwar Junction, West Bengal.

        All the correspondence were made to the Guwahati, Malegaon & Alipur Duwar, (North Frontier Railway) and at no point of time complainant made any complaint with the Northern Railway having head office at Delhi.  Even the station Hazrat Nizamuddin from where he boarded the train does not fall within the territorial jurisdiction of the Forum as per Notification No. F.SO(47)/46-F&S/CA/126 dated 20/4/1999 .  From the above discussion it is clear that no cause of action arose within the territorial jurisdiction of this Forum. The Consumer Disputes Redressal Forum having jurisdiction over North Frontier Railway has the jurisdiction to entertain the present complaint in view of the judgment of M/S. Sonic Surgical Vs. National Insurance Co. Ltd. decided by the Hon’ble Supreme Court on 20/10/2009.

        Consequently we order that the complaint be returned to the complainant for its presentation before the appropriate and competent Forum, with this observation complaint is disposed off.

This final order be sent to server (www.confonet.nic.in ). A copy each of this order each be sent to both parties free of cost by post.

File be consigned to record room.

Pronounced in open Forum on _______________.

 

 

(S K SARVARIA)

PRESIDENT

 

(H M VYAS)

MEMBER