Sri Shyamal Gupta, Member

This is an Appeal filed by Eastern Railways against the Order dated 15-05-2018 of the Ld. District Forum, Kolkata-I (North) in CC/161/2017, whereby the complaint case has been allowed.

Brief facts of the complaint case are that, while travelling in Vibhuti Express, Complainant’s hand bag containing valuables got stolen.  Necessary complaint in this regard was initially lodged with the TTE in the train itself.  After returning Kolkata, the Complainant also sent emails to different Railway authorities.  However, as the Railways authorities did not take necessary steps to redress his grievance, the complaint case was filed.

By filing a WV, the OP submitted that the incident, as alleged, happened at Patna Railway Station which was under the territorial jurisdiction of East Central Railway.  According to the OP, the said Railway authority together with the In-charge of Patna GRPS was necessary parties to the case.  Further case of the OP was that the instant case was not maintainable in terms of Sec. 100 of the Railways Act.  Thus, the OP prayed for dismissal of the complaint case.

Decision with reasons

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

It is stated in the petition of complaint that the Respondent detected the missing of his handbag at Patna Railway station.  It transpires from the documents on record that, on the basis of the FIR lodged before the GRPS, Patna, necessary investigation is being carried out by the said Police Authority. Documents on record further reveal that the Addl. Chief Security Commissioner, Eastern Railway referred the complaint of the Respondent to his counterpart at East Central Railway, Hajipur.  As a result, the complaint case earned the demerit of non-joinder of parties.

While the fate of said investigation is not clear to us, we feel that, for proper administration of justice, due consideration of the version of aforesaid authorities together with the East Central Railway is extremely crucial. The Appellant though raised this aspect before the Ld. District Forum, for some obscure reasons, they were not arrayed to the case.  

On the basis of mere allegation, we do not deem it prudent to seal the fate of a dispute; after all, sheer surmises and conjecture cannot be the foundation of any legally tenable decision.  We are, therefore, constrained to remand the case to the Ld. District Forum for adjudication of the case afresh.

Before concluding, we make it clear that implication of Sec. 100 of the Railways Act is no bar to adjudicate the case by the Consumer Fora. In this regard, we rely upon the decision of Hon’ble National Commission in  G.M., South Central Railway vs R.V. Kumar & Anr. reported in 2005 CTJ 862 (CP) (NCDRC).

The Appeal, accordingly, succeeds in part.

Hence,

O R D E R E D

The Appeal stands allowed on contest in part.  The impugned order is hereby set aside.  Parties to appear before the Ld. District Forum on 12-02-2019 for fresh adjudication of the matter following due amendment of the cause title of the complaint case.