Sri Shyamal Gupta, Member

This Appeal is directed against the Order dated 19-01-2017, passed by the Ld. District Forum, South 24 Parganas in CC/02/2017, whereof the complaint case has been dismissed.

The complaint case, in short, is that the Complainant as well as other passengers of Champahati railway station face daily ordeal, thanks to the indifferent attitude of the Railway Authorities to deal with unauthorized/illegal encroachments of station premises as well as adjacent areas by traders and others.  As numerous representations before the Railway Authorities did not yield any fruitful result, he filed the instant complaint.

The complaint case, as it appears, was dismissed at the admission stage.

Decision with reasons

We have heard both sides and gone through the documents on record.

According to Sec. 2(1)(g) of the Consumer Protection Act, 1986, ‘deficiency’ means any fault, imperfection, shortcoming or inadequacy in the quality, quantity, nature and manner or performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service.

On due consideration of the nature of grievance of the Appellant vis-à-vis the definition of ‘deficiency’ under the Act, it appears to us that the present dispute does not come under the purview of the 1986 Act. 

The Appellant pays train fare to the Respondent Railway for travelling purpose and in course of such travelling, if the Respondent Railway fails to discharge its implicit contractual obligations, the same can definitely be brought before the Consumer Fora. However, if any illegal encroachment of railway land takes place and the Authority concerned looks the other way to such menace, the same being a law and order situation, it can only be dealt with by a competent Civil Court; the same is beyond the terms of reference of the Consumer Fora.

Thus, on due consideration of the facts and circumstances of the present Appeal, we find no infirmity with the impugned order.

Hence,

O R D E R E D

The Appeal stands dismissed on contest against the Respondents without any costs.  The impugned order is hereby affirmed. Appellant shall be at liberty to approach the competent Civil Court for redressal of his grievance.