As per allegations made in the complaint appellant’s husband and son boarded Ganga Ropti Express from Surat for going to Allahabad. When the train reached Chhivki Yard Station at 7:00 am on 25.05.1998 some unknown persons entered the compartment and stopped the train. Husband and the son of the appellant left the train and when they were crossing the railway track suddenly an express train passed without whistle and they both died. Aggrieved by this appellant filed the complaint before the State Commission. State Commission dismissed the complaint on the ground that it did not have the jurisdiction to tray the case as the case was covered under Section 13 & 15 of the Railway Claims Tribunal Act. Section 15 creates a bar to the effect that “on and from the appointed day, no court or other authority shall have, or be entitled to, exercise any jurisdiction, powers or authority in relation to the matters referred to in sub-sections (1) and (1A) of Section 13.” Section 13 reads as under: -3- 13. Jurisdiction, powers and authority of Claims Tribunal.- (1) The Claims Tribunal shall exercise, on and from the appointed day, all such jurisdiction, powers and authority as were exercisable immediately before that day by any Civil Court or a Claims Commissioner appointed under the provisions of Railway Act,- (a) relating to the responsibility of the railway administrations as carriers under Chapter VII of the Railways Act in respect of claims for- (i) compensation for loss, destruction, damages, deterioration or non-delivery of animals or good entrusted to a railway administration for carriage by railway ; (ii) compensation payable under Sec. 82-A of the Railways Act or the rules made thereunder; and (b) in respect of the claims for refund of fares or part thereof or for refund of any freight paid in respect of animals or goods entrusted to a railway administration to be carried by railway. [(1-A) The Claims Tribunal shall also exercise, on and from the date of commencement of the provisions of Sec.124-A of the Railways Act, 1989 (24 of 1989), all such jurisdiction, powers and authority as were exercisable immediately before that date by any Civil Court in respect of claims for compensation now payable by the Railway Administration under Sec. 124-A of the said Act or the Rules made thereunder.] (2) The provision of the [Railways Act, 1989] and the rules made thereunder shall, so far as may be, be applicable for inquiring into or determining any claims by the Claims Tribunal under this Act. Railways Claims Tribunal under this provision can exercise on or from the appointed day, all such jurisdiction, powers and authority -4- as were exercisable immediately before that day by any civil court or a Claims Commissioner. For a compensation for death, the claim could either be lodged with the civil court or with the Claims Commissioner. We agree with the view taken by the State Commission that the consumer courts under the Consumer Protection Act, 1986 would not have the jurisdiction in view of the bar created by Section 15 of the Railway Claims Tribunal Act. This apart, the State Commission has also recorded a finding that the deceased were not having any ticket to travel from railways. Under Section 2 (1) (d) of Consumer Protection Act, 1986 a complaint can be filed by a ‘consumer’ and ‘consumer’ is a person who buys any goods or engages any service for consideration. In the present case, consideration is also not proved. No ground for interference is made out. Dismissed. Liberty is reserved with the appellant to seek redressal of her grievance in any other forum along with an application under Section 14 read with Section 5 of the Indian Limitation Act seeking exclude of the time spent in the consumer fora while calculating the limitation in -5- the light of the observations of the Supreme Court in Laxmi Engineering Works vs.PSG Industrial Institute – (1995) 3 SCC 583. | 
