Delhi

New Delhi

CC/693/2012

Inder Nath Jha - Complainant(s)

Versus

M/S. The Union of India - Opp.Party(s)

05 Oct 2018

ORDER

 

 

CONSUMER DISPUTES REDRESSAL FORUM-VI

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

I.P.ESTATE, NEW DELHI-110002.

 

Case No.CC.693/2012                                 Dated:

In the matter of:

               Sh. Inder Nath Jha,

               S/o  Late Sh. Saryug Jha,

                R/o H.No.58, Nawada Colony,

               Post Pali, Distt. N.I.T.,

               Faridabad, Haryana.

           ……..COMPLAINANT

VERSUS

1. The Union of India,

Through its Secretary,

Ministry of Railways,

Rail Bhawan,

New Delhi.

 

2. The General Manager,

Northern Railway,

Baroda House,

New Delhi.

 

3. The General Manager,

East Central Railway,

            Hajipur (Bihar)

Opposite Parties.

 

ARUN KUMAR ARYA, PRESIDENT

 

ORDER

The complainant has filed the present complaint against the O.Ps under section 12 of Consumer Protection Act, 1986. The facts as alleged in the complaint are that  on 3.1.2008, the complainant booked reservation from Hazarat Nizammudin Railway Station for journey from Darbhanga to New Delhi and he was allotted coach NO.S-4, Berth 69 of Swatantra Senani Express.  It is alleged that the complainant was suffering from  fever and when he boarded the train, due to dishonest intention of railway staff, he alleged that the official of OP  sold his berth to someone.  It is submitted that he has allotted Coach B-1 Seat No.33 as per the ticket.  It is further alleged that when he boarded Coach B-1,  TTE of Coach B-1 asked him  to come at 9.30 p.m. on the alleged seat.  It is further alleged that at 9.35 p.m. when the complainant went back to take berth, the complainant was threatened and TTE called 3 police officials, but finally his reserved seat  was not provided to him.  As a result, the complainant reached Delhi in standing position and fell ill. It is alleged that after reaching at New Delhi Railway Station on 20.2.2008, the complainant made a complaint to various higher authorities. That the complainant has sent a RTI also but no action has been taken by the OPs, hence this complaint.

2.     Complaint has been contested by OP-2 & 3. Written statement filed, denying any deficiency in services and the preliminary objection regarding the  territorial jurisdiction  of this Forum to entertain and adjudicate the present complaint was strongly challenged, hence, need to be decided first. It was submitted by the complainant that office of OP-1 & 2 is situated within the territorial jurisdiction of this Forum, so this Forum was competent to adjudicate the matter.

3.     In the present case, the ticket was booked from  Hazarat Nizammudin Railway Station.  The deficiency in services as alleged by the complainant i.e non-providing the seat at Dharbanga(Bihar) railway station does not fall within the territorial jurisdiction of this Forum.  Hence, neither the office the of OP is situated within the territorial jurisdiction of this Forum nor the cause of action arose within the Territorial Jurisdiction of this District Forum.

4.     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 the above noted 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”.

 

5.     Therefore, we hold that this District Forum has no territorial jurisdiction to entertain and adjudicate the present complaint in the light of the judgment of Hon’ble National Commission titled as Prem Joshi Vs. Jurasik Park Inn in Revision Petition No.575/18 and the legal position discussed above.  Let the complaint be returned to the complainant along with documents with liberty to file before the concerned District Forum in accordance with Law.

Copy  of   the order may  be  forwarded  to  the  complainant  to   the

case free of cost as statutorily required. The orders be uploaded on www.confonet.nic.in.  File be consigned to Record Room.

 

Announced in open Forum on 05/10/18.

.

 

                                                        (ARUN KUMAR ARYA)

                   PRESIDENT

   (NIPUR CHANDNA)                                            (H M VYAS)

                          MEMBER                                                     MEMBER