Delhi

New Delhi

CC/303/2016

Murari Lal - Complainant(s)

Versus

The Secretary , Indian Railway & An Other - Opp.Party(s)

03 Jan 2017

ORDER

 

 

 

 CONSUMER DISPUTES REDRESSAL FORUM-VI (DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE, NEW DELHI-110002.

 

Case No.CC/303/16                                  Dated:

In the matter of:

MR. MURARI LAL,

S/O SH. PRITAM

R/O H.NO. 955/12 A,

PREM NAGAR,

GURGAON- 122001

 

              ……..COMPLAINANT

    

VERSUS

  

1.THE SECRETARY

   INDIAN RAILWAYS,

             UNION BANK OF INDIA,       

           RAIL BHAWAN, DELHI.

  

2.SUB DIVISIONAL COMMERCIAL MANAGER

   SOUTHERN RAILWAYS

   TRIVANDRUM

  

 

 

………. OPPOSITE PARTIES

 

 

 

ORDER 

MEMBER: H M VYAS

The complainant having its address of Dwarka, New Delhi filed this complaint against OPs for alleged deficiency in services. It is argued that 3^rd AC tickets for self and family members in Gurudev Express from Trivandrum, CNTL to Nagarcoil junction was booked. The facilities available to 3^rd AC Passengers were not provided by coach attendant and also misbehaved instead to providing blanket/material etc. complaint was lodged to station master , Nagercoil on 03.01.2015 as complaint no. 455066, but no action taken thereon. Another letter cum notice dated 18.02.2015 and 02.03.2015 was again sent but again no action. Thereafter, a legal notice dated 09.01.2016 was sent to the respondent. The acts of the OP fall under unfair trade practices and restrictive trade practices as per Consumer Protection Act. Claim of compensation of Rs. 1,02,000/- with interest and litigation and miscellaneous expenses of Rs. 10,000/- has been prayed. The issue of territorial jurisdiction emerged. The complainant states that this Forum has the jurisdiction to adjudicate the complaint.

        The Hon’ble Supreme Court in the case of Sonic Surgical versus National Insurance Co. Ltd Civil Appeal No. 1560 of 2004 decided by Hon’ble Supreme Court on 20/10/2009, relied upon by Ld. Counsel for OP-1, the following observations were made:

 

“Ld.Counsel for the appellant submitted that the respondent-insurance company has a branch office at Chandigarh and hence under the amended Section 17 (2) t he complaint could have been filed in Chandigarh.  We regret, we cannot agree with the Ld.Counsel for the appellant. In our opinion, an interpretation has to be given to the amended Section 17(2) (b) of the Act, which does not lead to an absurd consequence.  If the contention of the Ld.Counsel for the appellant is accepted, it will mean that even if a cause of action has arisen in Ambala, then too the complainant can file a claim petition even in Tamil Nadu or Gauhati or anywhere in India where a branch office of the insurance company is situated.  We cannot agree with this contention.  It will lead to absurd consequences and lead to bench hunting.  In our opinion, the expression ‘branch office’ in the amended Section 17(2) would mean the branch office where the cause of action has arisen.  No doubt this would be departing from the plain and literal words of Section 17(2) (b) of the Act but such departure is sometimes necessary (as it is in this case) to avoid absurdity.  [vide G.P.Singh’s Principles of Statutory Interpretation, Ninth Edition, 2004 P. 79] In the present case, since the cause of action arose at Ambala, the State Consumer Redressal Commission, Haryana alone will have jurisdiction to entertain the complaint.”

 

 

   It is clear that the booking of tickets and/or the place of cause of action do not fall under the territorial jurisdiction of this Forum. In view of the above we are of the considered view that this Forum does not have the territorial jurisdiction to entertain and adjudicate the complaint and hold accordingly. Therefore, the complaint is directed to be returned to the complainant with enclosures against acknowledgment. A copy of the complaint be kept on records. Liberty is granted to the complainant to file the complaint before competent Forum in accordance with law.

    

This order be sent to the server (www.confonet.nic.in). A copy each of this order be sent to the complainant free of cost by post.

 

File be consigned to record room.

 

Pronounced in open Forum on …………………….

 

 

 

 

 (S K SARVARIA)

 PRESIDENT

 

 

 

(H M VYAS)                                     (NIPUR CHANDANA)

                                                               MEMBER                                                         MEMBER