This is a complaint filed against the Railway for the loss sustained by the complainant because of the non-delivery of parcel of a vehicle, Hero Honda booked from Bhopal to Kannur Station.
Opposite party filed version and raised preliminary issues regarding maintainability of the complaint in view of the Section 13 and 15 of Railway claims Tribunal Act 1987. Learned Counsel for the opposite party vehemently argued that the Forum has no jurisdiction to entertain this complaint placing reliance on the decision of the Honourable National Consumer Disputes Redressal Commission in RP 2387/2010 in the case of Southern Railway & Another Vs. K.M. Chacko decided on 10.12.2010.
Section 15 of Railway claim Tribunal Act 1984 goes to show thus : “Section 15. Bar of Jurisdiction – on and from the appointed day, no court or authority shall have, or be entitled to, exercise, any jurisdiction, powers or authority in relation to the matters referred to in (Sub-Section (1) and (1A) of Section 13.
The order of this Forum and of State Commission in the above cited case, Southern Railway & Another Vs. K.M. Chacko, was set aside by the Hon’ble National Commission holding the view that the complaint is not maintainable because of Jurisdictional limitations depending upon the provisions of the Railway claims Tribunal Act, 1987. Hon’ble National Commission also pointed out another decision of its own in UOI & Another Vs. M. Adaikalam quoting the rules as follows :”... As held by the State Commission, the Consumer Forums have no jurisdiction to entertain complaints on account of deficiency in services arising from loss, destruction, damage, deterioration or non-delivery of the goods etc entrusted to the Railway Administration for carriage. This jurisdiction is now exclusively vested in Railway claims Tribunal established under the Railway Claims Tribunal Act, 1987. In addition, the Railways have no liability for delay in delivery in terms of the coaching Tariff.”
The decision of the Hon’ble National Commission makes it clear unequivocally that the subject matter involved in the complaint in hand, is now exclusively under the jurisdiction of Railway claims Tribunal and the Forum has no any jurisdiction to entertain the same. Hence this complaint stands dismissed with liberty to seek redressal of the grievance of complainant, if he so wishes, before the competent form in accordance with law in force. He is also at liberty to enjoy the benefit under Section 14 of Limitation Act as far as the period spent before this Forum concerned. Complaint dismissed.
Pronounced this the 30th day of November, 2013.
Sd/- President Sd/- Member Sd/- Member
Forwarded by Order
Senior Superintendent
