Rajasthan

StateCommission

A/785/2017

North West Railway through General Manager - Complainant(s)

Versus

Shasank Sharma s/o Shyam Lal Sharma - Opp.Party(s)

Rammohan Singh

18 Aug 2017

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

 

FIRST APPEAL NO: 785/2017

 

North Western Railway through General Manager, Jagatpura, Jawahar Circle, Jaipur.

Vs.

Shashank Sharma s/o Shyamlal Sharma r/o House no. 548 Sector 1, Malviya Nagar, Jaipur.

 

Date of Order 18.8.2017

 

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

 

Mr. Ram Mohan Singh counsel for the appellant

 

 

BY THE STATE COMMISSION ( PER HON'BLE MRS. JUSTICE NISHA GUPTA,PRESIDENT):

 

This appeal has been filed against the order of the learned District Forum, Jaipur 3^rd dated 5.6.2017 whereby the claim has been allowed against the appellant.

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The contention of the appellant is that only Railway Claim Tribunal was having jurisdiction and reference has been made for Sec. 100 & 107 of the Railways Act. Further the contention of the appellant is that no unauthorized passenger was travelling in the compartment. Hence, the claim should have been dismissed.

 

Heard the counsel for the appellant and perused the impugned judgment.

 

There is no dispute about the fact that the consumer was travelling in second sleeper reserved coach and his bag was stolen. It has further contended by the complainant respondent that two or three persons were travelling in the coach in unauthorize manner as they were sitting in the path way. This fact of the case clearly shows that in the reserved coach the baggage of the complainant was stolen and the Forum below has rightly held the appellants deficient and further reliance could be placed on the judgment passed by the National Commission in First Appeal No. 55/2005 General Manager, Northern Railway Vs. Dau Dayal Chaturvedi where the dispute was as regard to claim of refund of excess fair which is not the case here and further the National Commission has held that in

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case of deficiency the Consumer Forum has requisite jurisdiction to entertain the complaint and reliance could be placed on 2015 (3) CPR 478 (NC) Union of India Vs. Ajay Kumar Agarwalla where the National Commission has held that railway is responsible for theft of luggage from running train which is the case here.

 

The appellant has relied upon IV (2015) CPJ 653 (NC) Union of India Vs. Rama Shanker Misra where it has been held that there was no allegation that unauthorized passengers were travelling in the coach but in the present case where there is specific contention of the respondent that unauthorized passengers were travelling in the coach and this fact has not been rebutted by the appellant. Hence, the claim has rightly been allowed.

 

In view of the above , there is no merit in this appeal and liable to be rejected.

(Nisha Gupta) President

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