J U D G M E N T.
Fact of the case in brief :- The complainant Duryodhan Satnami had booked seven package of electrical goods from Raipur (Chhattisgarh) to Kantabanji, Railway Station on 16.11.2015 by paying Rs. 254/- towards transportation charges by train. But he received five (5) package of goods out of seven package at the time of delivery at Kantabanji, Railway Station. Suddenly he lodged a complaint before the Station Manager, Kantabanji Railway Station and he has received the acknowledgment of the complainant from the Chief Claim Officer, Bhubaneswar vide Claim No. 1121500366/12/2015 – 16/837 dated 28.12.2015 and letter No. 73 dated 19.02.2016. The O.P. No. 2 Chief Commercial Manager (Claims) asked the complainant by letter to submit original claim certificate issued by the Kantabanji, Chief Booking Supervisor along with original claim bill and invoice No. 302 dated 16.11.2015 to the O.P. No. 2 and original waybill has been produced before the booking office Kantabanji. The complainant has personally visited to the O.P. No.4 and Station Manager, Visakhapatnam. They approached to the Kantabanji Booking Officer for search of the missing of two package of booked items but it was in vain.
Due to negligence of the O.Ps the complainant has suffered financial hardship, loss and mental agony and it need to be compensated by the O.Ps.
The complainant claimed Rs. 38,000/- (Rupees thirty eight thousand) only towards cost of missing of 2 articles and loss of earning Rs. 40,000/- (Rupees forty thousand) and cost of litigation Rs. 5,000/- . Rs. 10,000/- (Rupees ten thousand) only towards mental agony and relied on the following documents.
- Copy of Money receipt invoice No. 302 dated 16.11.2015 of Prem Sound Raipur.
- Copy of parcel way bill dated 16.11.2015 from Raipur (C.G.) to Kantabanji Railway Station.
- Copy of joint survey report of parcel delivery or non delivery of consignment vide Sl. No.422754 of Kantabanji dated 02.01.2016.
The O.Ps through his Counsel appeared before the Forum on dated 18.10.2016 and all the O.Ps given their V.NAMA and appoint Advocate P.R. Pattnaik. The O.Ps also filed ECS mandate form of the complainant for compensation of the amount determined by the Railway claims along with a cancelled cheque. The Advocate for O.Ps filed the relevant document relating to the case ANNEXURE 1 to 7 along with their version/written statement. He stated all disputes relating to claims for any loss by the O.P. should be settled by the claims Tribunal and Civil Court no other Court has jurisdiction to adjudicate such cases .
The District Consumer Forum has no Jurisdiction to settle the claims of the petitioner. The Complainant has not approached the proper Forum for its settlement of any claims u/s 13 of Railway claims Tribunal Act 1987 he has not approached to the Railway Tribunal which is the appropriate authority to try this case for better appreciation under the provision of the Act.
The Complainant has books 7 package of Electrical goods from Raipur to Kantabanji, vide luggage Ticket No. S1711360 dt. 16-11-2015 on payment of Rs. 254 for Total weight 180kg but he has not declared the value of the consignment and not paid the charges as per required percentage as u/s 103(2) of Railway Act 1989. The maximum limit of amount of monetary liability by Railway Administration for loss and damages and destruction shall not exceed Rs.50 per kg in P.W Bill or Rs100 for luggage’s along with evidence in support with the value of the consignment.
The OP also admitted 5 packages was delivered on 19.11.2015 and the weight has 130 kg and out of 7 packages, 5 packages delivered and 2 packages not yet trace out by the Ops.
The Advocate for the Opposite parties argued that, The Hon’ble Nuapada Forum has no jurisdiction to try this case as the cause of action arose at Kantabanji, Railway station and the packages sent from Raipur to Kantabanji, Nuapada Consumer Forum has no jurisdiction to settle claims relating to this case. Hence this case is not maintainable. Liable to be dismissed with exemplary cost.
The relied on documents
- True copy of P.W Bill No.s1711360
- True copy of Railway (Extent of monetary liability and prescription of percentage charges) Rule 1990.
- True copy of letter dated 8.9.16 No X/MISC/Mo/Kbj/BBS/1121500366/12/13
The Hon’ble Forum has heard the petition of the Complainant and written statement of the Opposite parties along with relied documents and observed that, The Complaint petition by the complainant that out of 7 package two package was lost or damage or not trace out by the Ops but the OP has admitted about the non-delivery of two (2) package of Electrical goods transport by the Railway of the Ops. It is clearly deficiency in service by the Transporter or Carrier but the Complainant has not mentioned the value of the items at the time of consignment at Raipur Railway station still the loss of the Complainant was admitted by the OPs, Railway of India. The Ops has to compensate for the loss caused by him in contrary the Complainant has never filed the ECS Mandate form of the Ops for any claims for loss and damages, though the OPs has send on 13.10.2016 during the filing of ECS Mandate Form. The Complainant has already filed this case for redressal.
The OP argued for the Jurisdiction of filing this case, The Complainant has choose one adjudicating Forum/Court i.e. Nuapada for redressal of his grievances and he cannot allowed to approbate and approach other Forum for the adjudicating the case. As the complainant resides within the Jurisdiction of this Forum and according u/s 11(b) of CP Act the OPs has also a branch office at Nuapada for its function and carry their business within the jurisdiction of Nuapada district. Hence this case is admitted and Hon’ble Forum has given opinion against the OPs.
O R D E R
The Hon’ble Forum has directed the OP No.2 and 3 to compensate the loss of the complainant during transit/ parcel of Electrical article amounting Rs.38,000/- (Thirty Eight Thousand Rupees ) towards cost of the lost article by the OPs and pay Rs.5,000/-( Rupees Five thousand ) only towards cost of litigation and Rs.10,000/-( Rupees Ten thousand ) only towards mental agony and harassment.
Hence the OP No.2 and 3 has to pay total Rs.53,000/-(Rupees Fifty Three Thousand )only towards awarded amount within two (2)months from the date of receipt of order, failing which 9 % interest p.a will be charged in case of non realization of decreed money.
Judgment pronounced in the Open Court of the District Consumer Disputes Redressal Forum, Nuapada, this the 11th day of July 2017.
