To-day is fixed for admission hearing.
Ld. Advocate for the complainant files hazira.
Heard the Ld lawyer. Perused the complaint and the documents thereto attached therewith.
The case of the complainant is, in brief, that on 26.04.2019 he along with his wife and father was coming by Brahmaputra Mail to reach New Jalpaiguri on 28.04.2019 in its A.C.-III tier coach. In the early morning of 28.04.2019, some miscreants snatched from his wife her purse containing money, mobile, ornament, ticket and other valuables terrorizing her by firing a pistol. She sustained bullet injury at arms /shoulder oozing blood. The incident took place at Barsoi.
At the time of incident, police/GRP, medical team were not available in the coach. The TTE who was available in another coach advised, on being informed of the incident, the complainant to take first aid on reaching New Jalpaiguri. Even the Railway helpline No. 182 or Police helpline 100 was without any response. At Kishanganj Rly. Stn., when the train stopped, one Guard was approached for help but, instead, he expressed his helplessness but informed over phone the incident to New Jalpaiguri GRP.
After reaching New Jalpaiguri Rly. Stn., the wife of the complainant was, at the instance of the GRP personnel, taken to NJP Rly Hospital and the Doctors there, after preliminary treatment, referred her to “Desun Nursing Home”. At ‘Desun’ pistol bullet was taken out by a surgical operation from her arm. ‘Desun’ informed the matter to North Bengal Medical College Police Outpost from where police came and seized the operated out bullet. The NJP GRP personnel Made a G.D. Entry on a written complaint of the husband of the bullet injury victim but forwarded the said endorsed complaint to the S.H.O of Barsoi GRP Stn. The complainant thus experienced the carelessness and negligency of Railway Authority and hence is the case.
Perused and considered. A perusal reveals the following:-
- The Railway authority represented through OP No.1 and OP No.2 have been made responsible for carelessness and negligent, the cause of sufferings of the complainant, his wife and father. But the address of the OP No.1 is Maligon (Assam) and that of OP No. 2 is New Delhi. So the source of cause of action is beyond the territorial jurisdiction of this Forum.
- However, the complainant claims at Paragraph-11 of the petition that part of cause of action arose at Siliguri:-
Firstly, because, the incident was reported to GRP, Siliguri. But no copy of any such information report has been furnished. Nor is the complainant supposed to so furnish as the Brahmaputra Mail does not pass through Siliguri Junction or Siliguri Town Rly Stn. Rather, annexure-A transpires that the FIR dtd. 29.04.2019 was addressed to S.H.O., Barsoi G.R.P.S. through I.C. of NJP G.R.P.S. by the complainant.
Secondly, because, Treatment was done in ‘Desun’ which is at Siliguri. But providing medical treatment in not cause of action.
Thirdly, because, ‘Desun’ informed the matter to the North Bengal Medical College & Hospital outpost and the said outpost is under Matigara Police Station of Siliguri. But it is medical obligation of the part of ‘Desun’ not a cause of action.
Had any part of cause of action arose either from GRP Siliguri, or ‘Desun’ or Medical college Out-post, those would have been made necessary OPs to the instant case.
As such no cause of action arose, even in part, within the territorial jurisdiction of this Forum and hence the complaint is NOT admitted.
