Rajasthan

StateCommission

A/729/2017

Northen Railway Through G.M. - Complainant(s)

Versus

Smt. Neetu Gupta w/o Ajay Kumar Gupta - Opp.Party(s)

Rammohan Singh

08 Aug 2017

ORDER

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

 

FIRST APPEAL NO: 729/2017

 

Northern Railway through General Manager, Baroda House, Kasturba Gandhi Marg, New Delhi.

Vs.

1.Smt.Neetu Gupta w/o Late Ajay Kumar Gupta

2.Sh.Ajay Kumar s/o R.P.Gupta r/o 448, Scheme No. 2, Lajpat Nagar, Alwar

 

Date of Order 8.8.2017

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 passed by the District Forum, Alwar dated 11.5.2017 whereby the claim has been allowed against the appellant. The matter has come

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upon application u/s 5 of the Limitation Act and looking to the facts mentioned in the application delay of 9 days is condoned.

 

The contention of the appellant is that the Forum below was not having jurisdiction to allow the complaint as the matter relates to the jurisdiction of Railway Claim Tribunal and reliance has been placed on sec.100 of the Railway Act. Further reliance has been placed on the judgment passed by the apex court in Special Leave to Appeal (civil) No. 34738/2012 Vijay Kumar Jain Vs. Union of India where the railway was not negligent which is not the case here.

 

The facts of the case clearly shows that in reserved coach the bag of the complainant was stolen. Hence, deficiency on the part of the railway is writ large. Further reliance has been 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 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

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where the National Commission has held that railway is responsible for theft of luggage from running train which is the case here.

 

Hence,in view of the above, there is no merit in this appeal as on the day of incident First Information Report was lodged, details of the articles stolen were also stated in it and the Forum below after appreciating the amount of loss has awarded the compensation. The appeal is dismissed and the order of the Forum below dated 11.5.2017 is confirmed.

 

(Nisha Gupta) President

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