NCDRC

NCDRC

RP/4002/2010

UNION OF INDIA - Complainant(s)

Versus

SHAKUNTALA NAGESHWAR PATIL - Opp.Party(s)

MRS. REKHA AGGARWAL

19 Mar 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 4002 OF 2010
 
(Against the Order dated 29/06/2010 in Appeal No. 316/2007 of the State Commission Gujarat)
1. UNION OF INDIA
Tthrough-General Manager, Western Railway, Churchgate
Mumbai
Maharashtra
2. DIVISIONAL RAILWAY MANAGER
Western Railway, Pratap Nagar
Vadodara - 390004
Gujarat
...........Petitioner(s)
Versus 
1. SHAKUNTALA NAGESHWAR PATIL
Dindayal Nagar, Block No. 51, Room No. 789 (VUDA), Gotri Road
Vadodara
Gujarat
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R. C. JAIN, PRESIDING MEMBER
 HON'BLE MR. S. K. NAIK, MEMBER

For the Petitioner :MRS. REKHA AGGARWAL
For the Respondent :NEMO

Dated : 19 Mar 2012
ORDER

Challenge in these proceedings is to the concurrent findings and orders passed by the District Consumer Disputes Redressal Forum and the Gujarat State Consumer Disputes Redressal Commission in Appeal No. 316 / 2007. The consumer dispute raised by the complainant before the District Forum was in regard to deficiency in service on the part of the railway administration as a result of which the complainant son died having met with an accident while travelling on rail. Though a plea was raised on behalf of the Railway Administration that the complaint was not maintainable before the Consumer Fora in view of the provisions of the Railway Accidents Claim Tribunal Act, 1987 and the Railway Accidents Claim Tribunal alone had the jurisdiction but this was rejected by the District Forum and the District Forum partly allowed the complaint and directed the petitioner to pay a sum of Rs.2,60,000/- alongwith interest @9% p.a. from the date of accident, i.e., 28.06.2003 till realisation. Besides, a sum of Rs.10,000/- for mental agony and inconvenience and a sum of Rs.1,500/- towards cost of litigation was also awarded. Aggrieved by the said order, the Railway Administration filed appeal before the State Commission but without success, hence this petition. 2. We have heard Ms. Rekha Aggarwal, counsel for the petitioner and have considered her submissions but we had not the advantage of hearing the say of the respondent as she remained un-represented on record despite service of notice at her new address and she having also received a sum of Rs.7,000/- which was sent to her to meet her travel and allied expenses in connection with the present proceedings. 3. Ms. Rekha Agarwal would assail the impugned order primarily on the ground that a consumer Fora would not have the jurisdiction to entertain a claim filed by a party in respect of the death of a person on account of Railway accident and that such a claim could be filed only before a Railway Accidents Claims Tribunal established under the provisions of the Railways Accidents Claims Tribunal Act, 1987 section 15 of that Act specifically bars the jurisdiction of any other court or Tribunal or forum to entertain the claims. The present case, therefore, clearly fell within jurisdiction of the said Tribunal and the jurisdiction was expressly barred by the provision of the said Act. Besides, it would be clear from the perusal of the record that initially the complainant had filed the original petition before the Railways Accidents Claim Tribunal, which was dismissed by the said Tribunal vide order dated 15.12.2004 holding that the original petition was barred by limitation. Having suffered from such an order, the complainant was ill-advised to approach the Consumer Fora. The proper course for the complainant was to pursue her remedy before the appropriate appellate authority rather than to have approached a consumer Fora against the order of the Railways Accidents Claim Tribunal dismissing her petition on the ground of limitation. 4. Having considered the matter it appears to us that both the fora below have committed grave error in entertaining the complaint having regard to the factual and legal position obtaining on record. The impugned orders are legally unsustainable and are liable to be set aside. We accordingly allow the revision petition and dismiss the complaint as without jurisdiction though in the facts and circumstances of the case with a heavy heart as the complainant has been left remedyless now.

 
......................J
R. C. JAIN
PRESIDING MEMBER
......................
S. K. NAIK
MEMBER

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