Delhi

New Delhi

CC/435/2013

Vinod Kumar Srivastava - Complainant(s)

Versus

M/S. Indian Railway Board - Opp.Party(s)

15 Jul 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. 435/2013                                                                          Dated:

In the matter of:

 

Sh. Vinod Kumar Srivastava

R/o- House no. – A-44/A-4,

Shalimar Garden Extension-2

Sahibabad, Ghaziabad, Uttar Pradesh                                    …..…Complainant

 

Versus

 

 The Chairman

Indian Railway Board

Indian Railways

Rail Bhawan, New Delhi                                                               ….… Opposite Party

 

 

        ARUN KUMAR ARYA - PRESIDENT

O R D E R

The OP has moved an application for dismissal of complaint on the ground present complaint is barred by limitation stating that the complainant was travelling in the year 2009 from Lucknow return journey to New Delhi. It is further stated that the Railway Staff is not responsible for the loss of good because neither the goods were handed over to the railway for its safe custody nor the staff was aware about goods of the complainant. It is further stated that said contents/goods were neither booked nor declared before Railways & no amount was paid to Railway for said luggage/contents in question as per Sec. 100 of India Railway Act and Railway is not liable for any un-booking luggage. It is further stated that the complainant has filed this present complaint before this Forum in the year 2013 and the cause of action accrued in the year 2009, hence this complaint is barred by limitation.

2. Complainant has filed reply to the application in which it is stated that the District Forum, the State Commission or the National Commission shall not admit a complaint unless it is filed within 2 years from the date  on which the cause of action arisen.

3. We have heard the arguments advanced at the Bar on the issue of limitation and have perused the record.

 

“ As per section 24(A) of Consumer Protection Act, 1986 : -

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 subsection (1). A complaint may be entertained after the period specified in sub-section (1), if the complainant satisfies the District Forum, the state commission or the National Comission , as the case may be, that he had sufficient cause for not filing the complaint within such period: provided that no such complaint shall be entertained unless the National Commission , the State Commission or the District Forum, as the case may be records its reason form condoning such delay.”

 

4. On the point of limitation, we are guided by the Hon’ble Apex Court in the case title State Bank of India Vs. M/s B.S. Agriculture Industries 2009 STPL 6945 SC – in that case in para 12 the Hon’ble Supreme Court has held as under :-

“As a matter of law, the consumer forum must deal with the complaint on merit 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 reason recorded in writing. In other words, it is the duty of the consumer Fora to take notice of section 24 A and give effect to it.”

5. In the present complaint the complainant was travelling in the year 2009 from Lucknow return journey to New Delhi and the cause of action also accrued at the same time and the complainant approached this Forum on 10/05/2013 i.e. beyond the period of two years of the accrual cause of action.
6. In view of the above discussion and the judgment cited above, we are of the considered opinion that the cause of action for filing the present complaint accrued in the year 2009 and the present complaint was filed on 10/05/2013. The complaint is barred by limitation, therefore, as such the same is hereby dismissed.

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.

Announced in open Forum on  15/07/2019

                                                               (ARUN KUMAR ARYA)

                                                                      PRESIDENT

(NIPUR CHANDNA)                                                                                       (H.M. VYAS)

       MEMBER                                                                                                    MEMBER