​Order No.  9  dt.  03/07/2019

                The complainant filed this case with the allegations against the o.ps. Eastern Railway that while he along with his family members were returning from Bikaner, Rajasthan to Sealdah via Delhi and reached Delhi on 1.1.17 and they were supposed to reach Sealdah from Delhi by Sealdah bound Jalianwalawag Express. He was informed at the enquiry counter on that date that the aforesaid train was cancelled and no alternative arrangement was made for which the complainant filed this case stating that for availing the train services in respect of other train the complainant had to bear excess amount of Rs.5585/-. The complainant asked for refund of the amount, but the same was not provided, for which the complainant filed this case praying for direction upon the o.ps. to refund the amount of Rs.3640/- as well as compensation and litigation cost.

                The o.ps. contested the case and by filing a petition submitted that this Forum has no jurisdiction to entertain the case in view of the provision contained in Sec 13, 15 and 28 of Railway Claims Tribunal Act, 1987 which bars jurisdiction of any other court in respect of the claim for refund of fare, freight and part thereof since inception. On the basis of the said fact o.ps. have emphatically argued that the case filed by the complainant is not maintainable and accordingly, the case is to be dismissed.

                On the basis of the pleadings of the respective parties and on perusal of the materials on record it appears that the complainant has argued for refund of the amount of fare in respect of cancellation of the train not provided to the complainant for which the complainant booked tickets for their return journey from Delhi to Sealdah. It is found from the materials on record and on perusal of the Sec 13, 15 and 28 of Railway Claims Tribunal Act, 1987 it appears that in Sec 13(1)(b) of  Railway Claims Tribunal Act it has been categorically stated that in respect of the claims for refund of fares or part thereof or refund of any freight in respect of the animals or goods entrusted to railway administration to be carried by railway and the Claims Tribunal has the jurisdiction to entertain such dispute. Sec 15 of the said Act categorically stated that on and from the appointed day no court or other authority shall have, or be entitled to, exercise any jurisdiction power or authority in relation to the matters referred to Subsection 1 and 1A of Sec 13. In support of the non maintainability of the case o.ps. have also relied on a decision as reported in IV (2009) CPJ 137 Rajasthan whereby the complaint was dismissed by Forum holding that the matter was not within the jurisdiction of Forum. In respect of claims for refund of fares jurisdiction lies with the Railway Claims Tribunal Act and not before Consumer Fora. Sec 15 of the said Act bars the jurisdiction of any court or authority to exercise jurisdiction in relation to matters u/s 13 of the Act. Order of dismissal was upheld in appeal Jai Narayan vs. North Western Railway IV (2009) CPJ 137 Rajasthan. On perusal of the judgment as well as the provision as laid down in the Railway Claims Tribunal Act we hold that this Forum lacks the jurisdiction to entertain the claim of the complainant for refund of the fare and the complainant has the right to file the case before the Railway Claims Tribunal for redressal of his grievance.

                Hence, ordered,

                That the petition filed by o.ps. is hereby allowed on contest without cost by holding that the case filed by the complainant is not maintainable in this Forum.

                The complainant is given liberty to file the case afresh before the competent Forum.