Karnataka

Bangalore 4th Additional

CC/862/2018

T.C.Gupta, - Complainant(s)

Versus

The Divisional Railway Manager, - Opp.Party(s)

25 Jun 2019

ORDER

Complaint filed on: 19.05.2018

Disposed on: 25.06.2019

 

BEFORE THE IV ADDL DISTRICT

CONSUMER DISPUTES REDRESSAL FORUM, BENGALURU

1^ST FLOOR, BMTC, B-BLOCK, TTMC BUILDING, K.H.ROAD, SHANTHINAGAR, BENGALURU – 560 027

 

 

CC.No.862/2018

DATED THIS THE 25^th JUNE OF 2019

 

 

PRESENT

 

 

 

 

SMT.PRATHIBHA. R.K., BAL, LLM, PRESIDENT

SMT.N.R.ROOPA, B.A., LLB, MEMBER

 

 

Complainant/s: -                           

Sri.T.C.Gupta

Aged about 63 years, S/o.Sri.Gyan Chand,

R/at S-77, Golden Enclave,

Old Airport Road,

Bengaluru-17.

 

Inperson

 

V/s

Opposite party/s:-    

 

The Divisional Railway Manager,

South Western Railway,

Gandhi Nagar,

Bengaluru-23.

 

By Adv.Sri.S.R.Khamroz Khan

 

ORDER

 

SMT.PRATHIBHA. R.K., PRESIDENT

 

            This complaint is filed by the Complainant against the Opposite party (herein after called as OP), under section 12 of the Consumer Protection Act, 1986. The Complainant prays to direct the OP to pay cost of Laptop of Rs.40,000/-; to pay compensation of Rs.15,000/-; to pay cost of Rs.15,000/-; to pay interest at 12% on the amount claimed.                                                      

 

2. The brief facts of the complaint is as under:

The Complainant submits that, on 16.11.15, the Complainant was travelling from Bengaluru to Jodhpur in train No.16587 in AC coach No.B-3, Berth No.58, PNR-4733030323. At Abu Road station, his laptop was stolen from his berth in train. Immediately, the Complainant made a complaint to TTE. But TTE not taken any action. Hence, on 01.01.16, the Complainant wrote a letter to the SHO, GRP, Abu Road and to Sri.Suresh Prabhu, Railway Minister to register an FIR and trace the laptop. FIR No.19/2016 was lodged on 26.02.16 by PS, GRP, Abu Road.

 

2a. The Complainant further submits that, OP failed to provide safety from theft of laptop in reserved AC coach of railway and failed to trace the same within six months of the FIR. Hence, there is deficiency on the part of OP. Hence, the Complainant sent notice to OP on 10.04.18 to pay cost of the laptop along with compensation. But OP has not taken any action. Hence, the Complainant filed this complaint.  

 

 3. The OP appeared before this forum and filed objections. In the objection, the OP submits that, the complaint is liable to be dismissed for want of necessary parties, as Union of India represented by its General Manager has not been made party. Further, the alleged theft was happened at Abu Road Station, which is under the administrative jurisdiction of Ajmer division of North Western Railway. Divisional Railway Manager, Ajmer and General Manager, North Western Railway have not been made a party. As such for want of necessary parties, the complaint is liable to be dismissed.

 

3a. The OP further submits that, OP emphatically denied the allegations made against him. The Complainant has not reported the alleged theft of laptop to the concerned Railway Officials. FIR was filed with the jurisdictional GRP, Abu Road only on 26.02.16 i.e. after lapse of 3 months. OP was informed about the theft of the laptop through the alleged complaint dtd.10.04.18 and not prior to that. Subsequently a complaint was filed before the forum on 18.05.18. Any prudent person would have immediately informed the concerned Railway authorities regarding the theft and lodged a complaint with the concerned jurisdictional police and not have waited for 3 months just to intimate the jurisdictional police and 2 years to write to Railway authorities. Hence, it is evidence that the complaint is false, baseless and fabricated case and the act of the Complainant to write to OP on 10.04.18 is an act of afterthought.

 

3b. The OP further submits that, the Complainant has not enclosed the copy of his journey ticket for verification. Hence, theft of the laptop is not within the knowledge of the OP. further the Complainant has not submitted copy of the bill for having procured the laptop. The alleged theft was due to negligent attitude of the Complainant and hence, the Railway administration cannot be held liable. The Complainant has stated that, the delay in filing of complaint is due to lack of clarity regarding jurisdiction of the consumer forum, which is neither acceptable nor bonafide as the Complainant is an advocate. Hence, prays this forum to dismiss the complaint.

 

4. In the course of enquiry into the complaint, the Complainant has filed his affidavit reproducing what he has stated in his respective complaint. The Complainant has filed written arguments and also produced documents which were marked. The OP has not filed affidavit evidence and also written arguments. We have heard the arguments and gone through the oral and documentary evidence scrupulously and posted the case for order.  

 

5. Based on the above materials, the following points arise for our consideration;  

 

 

1. Whether this forum has got territorial jurisdiction to dispose the complaint filed by the Complainant ?

 

2. Whether the Complainant has proved that there is deficiency in service on the part of the OP, if so, whether he entitled for the relief sought for ?

 

3.  What order?

 

6. Our findings on the above points are as under:

Point No.1:  In the negative  

Point No.2:  Does not survive for consideration   

Point No.3:  As per the final order for the following

 

REASONS

 

7. Point No.1: Preliminary question raised before us is, whether the complaint is having jurisdiction or not. To look in to the Territorial jurisdiction of the forum, the Complainant submits that, on 16.11.15, the Complainant was travelling from Bengaluru to Jodhpur in train No.16587 in AC coach No.B-3, Berth No.58, PNR-4733030323. At Abu Road station, his laptop was stolen from his berth in train. To substantiate his contention, the Complainant has not produced train ticket to prove that the Complainant has booked the train in Bengaluru and he travelled from Bengaluru to Jodhpur. However, the Complainant has produced only the FIR copy/Ex-A3 registered before GRP, Ajmer Police Station and complaint/Ex-A2 given to The SHO, GRP, Abu Road. The Complainant has not produced any piece of paper to prove that, cause of action arose at Bengaluru. Hence, this forum has no jurisdiction to entertain the complaint U/s.11(2) of the CP Act, 1986. Hence, the Complainant is at liberty to approach appropriate jurisdictional court/authority.  Accordingly, we answered the point no.1 in the negative.

 

8. Point no.2: In view of our findings on point no.1, this issue does not survive for consideration.

 

9. Point no.3: In the result, we proceed to pass the following:

 

ORDER

 

The complaint filed by the Complainant is hereby dismissed for want of territorial jurisdiction.

 

 

2. Looking to the circumstances of the case, we direct both the parties to bear their own cost. 

 

          Supply free copy of this order to both parties. 

 

           (Dictated to the Stenographer, transcribed and typed by her, corrected and then pronounced by us in the Open Forum on this, the 25^th day of June 2019)

 

 

 

(ROOPA.N.R)     MEMBER

(PRATHIBHA.R.K)  PRESIDENT

 

1. Witness examined on behalf of the complainant/s by way of affidavit:

 

Sri.T.C.Gupta, who being the Complainant was examined. 

 

Copies of Documents produced on behalf of Complainant/s:

 

Ex-A1	Complaint dtd.16.04.15
Ex-A2	Complaint to SHO dtd.01.01.16
Ex-A3	FIR dtd.26.02.16
Ex-A4	FIR dtd.26.02.16
Ex-A5	Complaint to Railway Minister dtd.10.04.18

 

1. Witness examined on behalf of the OP/s by way of affidavit:

 

• Nil - 

 

 

Copies of Documents produced on behalf of OP/s:

 

Nil -

 

 

 

(ROOPA.N.R)     MEMBER

(PRATHIBHA.R.K)  PRESIDENT