Delhi

New Delhi

CC/234/2019

Charu Sharma - Complainant(s)

Versus

M/S. India Railways Catering and Tourism Corporation (IRCTC) & Ors - Opp.Party(s)

23 Sep 2019

ORDER

 

 

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN,

I.P.ESTATE, NEW DELHI-110002.

 

           Case No.CC. 234/2019                                                        Dated:

             In the matter of:

Charu Sharma

D/o Late Sh. Ved Bhushan Sharma

R/o-101-A, Meher Singh Colony,

Tripuri, Patiala, Punjab-147001                    

                                                                                ……..Complainant

VERSUS

1.      Indian Railways Catering and Tourism Corporation

Through its General Manager

Having its Corporate Office at

11^th Floor, B-148, Statemen House,

Barakhambha Road, Connaught Place,

 New Delhi-110001.                                                   ……….Opposite party no. -1

 

2.         Indian Railways Delhi Division

Through its Divisional Railway Manager

Having its Office at:-

Railway Colony, Paharganj,

New Delhi-110002.                                                  ……….Opposite party no. -2

 

 

 

NIPUR CHANDNA, MEMBER

ORDER

The complainant has filed the present complaint against the OP alleging deficiency in services on behalf of OPs.

 On the issue of territorial jurisdiction, it is argued on behalf of complainant that she had earlier filed the present complaint with Consumer Forum, Kashmere Gate vide CC no. 233/2019, but the same was returned to complainant for filing before appropriate Forum vide order dated 02/09/2019. Perusal of the order dated 02/09/2019 shows that, on the request on behalf of complainant the Ld. Forum has returned the complaint to complainant with the direction to appear before appropriate Forum.

The perusal of the file shows that the complainant had booked the ticket from  online portal of OP. When the train was crossing between the Sadar and Old Delhi Railway Station an unknown person snatch the two bags from the complainant and ran away, the FIR was lodged at PS Old Delhi Railway Station.

The complainant has failed to place on record any document which shows that the cause of action if any arose against the office of OP-1 situated at Barakhamba Road, New Delhi falling under the territorial jurisdiction of this Forum. The OP-2&3 are also not within its territorial jurisdiction of this Forum and no cause of action arose within the territorial jurisdiction of this Forum.

On the issue of territorial jurisdiction, we are guided by the Hon’ble National Commission in Revision Petition bearing No.575/18 was filed by the petitioner Sh. Prem Joshi against order of Hon’ble State Commission dated 1.11.2017 titled as Prem Joshi Vs. Jurasik Park Inn, in which the Hon’ble National Commission held as under on 1/3/2018:-

“In terms of Section 11 of the Consumer Protection Act, a complaint can be instituted inter-alia in a District Forum within the local limits of whose jurisdiction the cause of action only or in part arises.  The case of the complainant is that the ticket for visiting the amusement park was purchased by him online in his office in Karol Bagh and it is the District Forum at Tis Hazari has territorial jurisdiction over the mattes in which cause of action arises in Karol Bagh.  The cause of action is bundle of facts which a person will have to prove in order to succeed in the Lis.  Therefore, in order to succeed in the consumer complaint, the complainant will necessarily have to prove the purchase of the ticket in entering amusement park situated at Sonepat.  Since the tickets was allegedly purchased at the office of the complainant situated in Karol Bagh, the Distict Forum having territorial jurisdiction over Karol Bagh area would have the requisite jurisdiction to entertain the consumer complaint”.

In the light of the judgment of Hon’ble National Commission titled as Prem Joshi Vs. Jurasik Part Inn in Revision Petition No.575/18 and the legal position discussed above,  we hold that this District Forum has no territorial jurisdiction to entertain and adjudicate the present complaint. Admittedly, the theft occurred between Sadar Bazar and Old Delhi Railway Station, the FIR of the same was lodged at P.S. Old Delhi. The office of    OP-2 is situated at Paharganj, hence, in our view the District Forum having Territorial Jurisdiction over P.S. Old Delhi& Paharganj i.e. District Forum, Central, would have the requisite jurisdiction to entertain the present complaint in the light of notification reproduced as under:-

The above demarcation of jurisdiction being statutory in nature is to be adheres strictly and the jurisdiction cannot be ousted at the mere request of the complainant.

Let the complaint be returned to the complainant along with documents for presenting before the District Forum, having the territorial jurisdiction as per law.

Copy  of   the order may  be given Dasti

The orders be uploaded on www.confonet.nic.in. File be consigned to Record Room.

Announced in open Forum on 23/09/2019

 

(ARUN KUMAR ARYA)

          PRESIDENT

(NIPUR CHANDNA)                                                                          (H M VYAS)

       MEMBER                                                                                       MEMBER