Delhi

New Delhi

CC/1079/2013

Shaloo Gill & Ors. - Complainant(s)

Versus

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

05 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.1079/2013                                    Dated:

           In the matter of:

1.   Mrs. Shalloo Gill,

W/o Mr. P.M.S. Gill, Sr. Manager,

K.D.H.P. Co. Pvt. Ltd.,

Gundumallay Estate,

Munnar-685612

Kerla.

 

2. Master Gurbaaz Singh(Minor)

Mrs. Shalloo Gill,

W/o Mr. P.M.S. Gill, Sr. Manager,

K.D.H.P. Co. Pvt. Ltd.,

Gundumallay Estate,

Munnar-685612

Kerla.

 

3. Baby Tanaaz Gill (Minor)

Mrs. Shalloo Gill,

W/o Mr. P.M.S. Gill, Sr. Manager,

K.D.H.P. Co. Pvt. Ltd.,

Gundumallay Estate,

Munnar-685612

Kerla.

                          

                                                                  ……..COMPLAINANTS

VERSUS

1. Chairman of Railway Board,

Rail Bhawan,

Union of India,

Ministry of Railway,

New Delhi.

 

2. Southern Railways,

Through its General Manager,

New Delhi.

                                                                ………. Opposite Parties

 

 

ARUN KUMAR ARYA, PRESIDENT

 

ORDER

The complainant has filed the present complaint against the OPs. The gist of the complaint is that the complainant visited her house at Panchkula Haryana, for her house warming party, for which she was carrying all her gold and diamond jewelry items taken out from her locker on 7.1.2013.  After attending the function in her return journey  from New Delhi to Coimbatore  she was travelling in AC, 2^nd class sleeper along with her two kids. On the morning of 25.1.2013 at around 640 a.m., she came to know that her black bag containing her jewelry and cash kept under the pillow was missing. She approached TT and narrated the whole incident to him, who made the call from the complainant-1 Cell phone to GRP  and then GRP came at the next station that was Ballarshah.  The complainant lodged the complaint with SP, Nagpur regarding the incident and lodged an F.I.R. bearing  No.60/2013 dt. 26.1.2013  with P.S. Coimbatore Railway Station.  It is alleged by the complainant that despite her repeated request and follow up nothing has been done by the OP, hence this complaint.

2.     Complaint has been contested by OP.  OP strongly challenged the  issue of territorial jurisdiction, hence need to be decided first.   It is argued on behalf of OP that,  OP-1 is neither a necessary party nor a proper party as general day to day functioning of railway comes under the General Manager of each Zonal Railway.  OP-2 i.e. Southern Railway has not office at Delhi.  Moreover, the cause of action also does not accrued within the jurisdiction of OP-1 and this Forum, hence, this Forum does not have  jurisdiction to entertain and adjudicate the present complaint.

 

3.     The perusal of the file shows that the office of the OP with whom the claim was lodged and correspondence was made was SP, Nagpur  and the F.I.R. bearing  No.60/2013 dt. 26.1.2013  with P.S. Coimbatore Railway Station. The cause of action i.e. the theft occurred near Ballarsha.    The complainant has failed to place on record any document which shows that any cause of action of part of cause of action falling under the territorial jurisdiction of this Forum. In other words neither the OPs nor the cause of action arose within the territorial jurisdiction of this Forum.

      On the issue of Territorial Jurisdiction, we are guided by the Hon’ble Apex court in the case of Sonic Surgical where in the following order where passed. In Sonic Surgical versus National Insurance Co. Ltd Civil Appeal No. 1560 of 2004 decided by Hon’ble Supreme Court on 20/10/2009, the Hon’ble Supreme Court passed the following orders:-

“Ld. Counsel for the appellant submitted that the respondent-insurance company has a branch office at Chandigarh and hence under the amended Section 17 (2) t he complaint could have been filed in Chandigarh.  We regret, we cannot agree with the Ld.Counsel for the appellant. In our opinion, an interpretation has to be given to the amended Section 17(2) (b) of the Act, which does not lead to an absurd consequence.  If the contention of the Ld.Counsel for the appellant is accepted, it will mean that even if a cause of action has arisen in Ambala, then too the complainant can file a claim petition even in Tamil Nadu or Gauhati or anywhere in India where a branch office of the insurance company is situated.  We cannot agree with this contention.  It will lead to absurd consequences and lead to bench hunting.  In our opinion, the expression ‘branch office’ in the amended Section 17(2) would mean the branch office where the cause of action has arisen.  No doubt this would be departing from the plain and literal words of Section 17(2) (b) of the Act but such departure is sometimes necessary (as it is in this case) to avoid absurdity.  [vide G.P.Singh’s Principles of Statutory Interpretation, Ninth Edition, 2004 P. 79]

 

In the present case, since the cause of action arose at Ambala, the State Consumer Redressal Commission, Haryana alone will have jurisdiction to entertain the complaint.”

 

4.     We are, therefore, of the view that this Forum does not have the territorial jurisdiction to entertain the complaint for want of territorial jurisdiction in view of the judgment of Hon’ble Supreme Court in Sonic Surgical case (Supra). The complaint is, therefore, directed to be returned to the complainant along with all annexure against acknowledgment for filing before appropriate forum as per law. Complaint is accordingly, disposed off in above terms. The copy of the order be sent to complainant free of cost by post. Orders be also sent to www.confonet.nic.in. File be consigned to record room.

Copy  of   the order may  be  forwarded  to  the  complainant  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 05/09/2019.

 

                          (ARUN KUMAR ARYA)

                                      PRESIDENT

                           (NIPUR CHANDNA)                                                  (H M VYAS)

                                  MEMBER                                                                MEMBER