DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

Civil Station, Palakkad 678001, Kerala

Dated this the 27^th day of March, 2009

Present: Smt.Seena.H, President

Smt.Preetha.G.Nair, Member

Smt.Bhanumathi.A.K, Member

C.C.No.30/2008

M.V.Sanker Das,

S/o.M.V.Vayyavuri,

Proprietor,

Sajna Garments, Near Althara,

Koduvayur, Palakkad. - Complainant

(By Adv.Saritha)

Vs

1. The Divisional Commercial Officer,

Divisional Office,

Railway Colony, Palakkad.

2. The Chief Parcel Officer,

Southern Railway,

Palghat Junction.

3. The General Manager,

Southern Railway,

Noormarket Complex,

Madras. - Opposite parties

O R D E R

By Smt.Seena.H, President

Complainant is a businessman doing textile business firm for livelihood. He booked one poly bundle cloth containing handloom goods including 350 pieces of nighties valuing of Rs.22,600/- by LR No.PWB545251 on 17.01.2008 from Olavakkode Parcel Office by paying Rs.83/- being transportation charges. Goods were safely packed. But the same has not been reached destination due to the carelessness of opposite parties. When the complainant enquired about the bundle opposite parties has not given proper answers. Complainant has lost huge amount due to the carelessness of opposite party in not delivering the goods. Hence the complaint. According to the complainant as the claim is for deficiency of service Railway Claim Tribunal has no jurisdiction and the same will be come under the jurisdiction of consumer forum.

2. Opposite parties filed version with the following contentions. That the complainant is not a consumer and there is no consumer dispute involved as defined under the Consumer Protection Act. So consumer forum has no jurisdiction to entertain the complaint. Opposite party admits that the goods were booked from Palakkad Junction to Mangalore town. The said consignment was loaded at Palakkad Junction on 17.01.2008 in Train No.6227. According to the opposite parties complainant is neither consignor/consignee nor endorse to have a title on the goods to claim compensation from Railways. Further consumer forum has no jurisdiction to entertain or adjudicate the complaint which is, the subject matter of which is exclusive jurisdiction of Railway Claim Tribunal in terms of Section 13 of Railways Claim Tribunal Act, 1987 read Section 15. No claim shall be entertained or adjudicated in any such matter which fall within the jurisdiction of Railway Claims Tribunals after enforcing the Railways Claim Tribunal Act, 1987. Hence the complaint is to be dismissed on that ground alone.

3. Evidence adduced consists of the affidavit and Exts.A1 and A2 on the side of the complainant and proof affidavit on the side of the opposite party.

4. Issues for consideration are;

1. Whether the complaint is maintainable?

2. Whether there is any deficiency of service?

3. If so, what is the reliefs and costs.

5. Issue No.1: Since the opposite parties has raised a specific contention regarding the maintainability of the complaint before the forum, the same has to be decided first. According to the opposite party the matter complaint of comes under the exclusive jurisdiction of the Railway Claims Tribunal as per Section 13 and Section15 of Railways Claim Tribunal Act, 1987. Hence the forum lacks jurisdiction. In Union of India Vs.N.Adaikalam 1993(2)CPJ145 NC the Hon'ble National Commission held that Consumer Forum has no jurisdiction to entertain the complaint regarding deficiency in service arising from loss, destruction, damages, deterioration, non delivery or delay in delivery of goods entrusted to Railway Administration for carriage.

6. In the light of the above stated decision we are of the view that subject matter of the complaint will not come under the jurisdiction of the forum.

7. Since the forum lacks jurisdiction to entertain the complaint, the complaint is dismissed with a direction to approach appropriate forum.

8. Pronounced in the open court on this 27^th day of March, 2009

Sd/-

Seena.H

President

Sd/-

Preetha.G.Nair

Member

Sd/-

Bhanumathi.A.K

Member

Appendix

Witness examined on the side of complainant

Nil

Witness examined on the side of opposite parties

Nil

Exhibits marked on the side of complainant

Ext.A1 – Copy of Way Bill No.PWB545251

Ext.A2 – Letter sent by M/s.Shalimar Dresses, Mangalore to the complainant

Exhibits marked on the side of opposite parties

Nil