West Bengal

Siliguri

CC/72/2018

RONIT KUMAR JHA - Complainant(s)

Versus

STATION SUPERINTENDENT - Opp.Party(s)

ASIT BHOWMICK

25 Jul 2018

ORDER

District Consumer Disputes Redressal Forum, Siliguri
Kshudiram Basu Bipanan Kendra (2nd Floor)
H. C. Road, P.O. and P.S. Prodhan Nagar,
Dist. Darjeeling.
 
Complaint Case No. CC/72/2018
( Date of Filing : 04 Jul 2018 )
 
1. RONIT KUMAR JHA
SON OF SRI KAMESHWAR JHA, ARUNANAND SARANI,SURYA SEN COLONY, BLOCK-A, P.O-SILIGURITOWN, P.S.- NEW JALPAIGURI,DIST-JALPAIGURI,PIN-734004
...........Complainant(s)
Versus
1. STATION SUPERINTENDENT
SILIGURI JUNCTION, N.F. RAILWAY, SILIGURI, P.O & P.S.-PRADHAN NAGAR, DIST-DARJEELING, PIN-734003.
2. CHAIRMAN
RAILWAY BOARD, MINISTRY OF RAILWAY, RAIL BHAWAN, RAISINA ROAD, P.O - NEW DELHI, P.S.- PARLIAMENT STREET,PIN-110001.
3. CHAIRMAN & MANAGING DIRECTOR
INDIAN RAILWAY CATERING & TOURISM CO. LTD., B-148, 11 TH FLOOR,STATESMAN HOUSE,BARAKHAMBA ROAD, P.O-NEW DELHI, PIN-110001.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Shri Subhabrata Chaudhuri PRESIDENT
 HON'BLE MR. Shri Tapan Kumar Barman MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 25 Jul 2018
Final Order / Judgement

To-day is fixed for clarification by the complainant and further admission hearing.

                             Two judgements of the Hon’ble National Commission in connection with Revision Petition No. 3047 of 2017 and No. 2343 of 2014 were shown by the complainant to the Forum during hearing. So far as the first Revision Petition is concerned, a case regarding theft in running train was filed in the D.C.D.R.F. of Sriganganagar where the train was coming to. The Shriganganagar D.C.D.R.F. penalized the North-western Railway. The circuit Bench of Rajasthan State Commission (at Bikaner) upheld the decision of the D.C.D.R.F., Shriganganagar. The North-Western Railway moved the National Commission against the order of Bikaner Bench of Rajasthan State Commission.  So far as the second Revision petition is concerned, Rly. ticket was purchased at Allahabad and hence service of Rly. was  availed by the complainant at Allahabad. As such Allahabad D.C.D.R.F., on approach, held that Rly. had deficiency in service by not attending the passenger for which valuables were snatched in the running train and hence revision petition was dismissed by the National Commission upholding the decision of the D.C.D.R.F., Allahabad.

                             But this Forum miserably failed to understand why such judgements were shown at the time of hearing.  Those were not asked for, nor are those replies to the quarries raised by this Forum. Complainant has not furnished what was asked for, rather, furnished what was not wanted.  This Forum is, further, of the view that complainant is fully conscious about this, which is why he just showed the judgements but did not file formally as per procedure.

                             Want of clarification/reply from the complainant’s side make Section 11(2) of the C.P. Act, 1986 hit the territorial ambit of this Forum, and hence the complaint cannot be admitted. Thus the complaint is dismissed for want of territorial jurisdiction of this Forum.

                             Let the complainant be informed accordingly.

 

 
 
[HON'BLE MR. JUSTICE Shri Subhabrata Chaudhuri]
PRESIDENT
 
[HON'BLE MR. Shri Tapan Kumar Barman]
MEMBER

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