BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 286 of 2018
Date of Institution : 27.11.2018
Date of Decision : 21.08.2019
Dr. V. Mosespaul Rajasingh s/o Mr. P.V. Vethamanickam, resident of Door No.56-E, St. Mary’s Street, Perumalpuram, Tirunelveli, State of Tamilnadu, at present residing at House No. 995, HUDA Colony, Sector 20, Sirsa, Tehsil and District Sirsa.
……Complainant.
Versus.
- The Station Master, Northern West Railway, Sirsa- 125055.
- Senior Divisional Commercial Manager, Southern Railway Madurai- 625016.
- Senior Divisional Commercial Manager, Divisional Office, Chennai Division, Chennai- 6003.
- The Station Master, Tirunelveli Railway Station, Tamil Nadu.
- Chief Commercial Manager, Northern Railway, Northern Railway, Baroda House, New Delhi, India.
...…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SH. R.L.AHUJA………………. ……PRESIDENT.
SH. ISSAM SINGH SAGWAL…….. MEMBER
MRS. SUKHDEEP KAUR……………..MEMBER.
Present: Sh. K.S. Gill, Advocate for the complainant.
Sh. A.S. Kalra, Advocate for opposite parties.
ORDER
The case of the complainant, in brief, is that on 21.8.2017, the complainant booked railway parcel from Sirsa railway station to his consignees address at Tirunelveli for sending three G.P. old books total weight of 148 kgs. The complainant has paid Rs.1798/- to the officials of railway station at Sirsa including all service taxes levied thereof vide receipt no.38435364-7764 and 582551 dated 21.8.2017. That the officials of the department assured the complainant that the above said goods shall be sent to its destination within a period of four days. At that time also the complainant told this fact to the officials of railway station, Sirsa that the value of the above said goods (books) is more than Rs.3,50,000/- because these books are old and valuable books and even not available in the market. The officials of department assured that the above said goods shall be sent carefully to its destination. That the complainant was eagerly waiting for the arrival of his booked parcel, as such he went to Tamil Nadu railway station on 25.8.2017 but the officials of station replied that the parcel has not reached to this station yet. Thereafter, the complainant contacted at Sirsa railway station but they simply answered that parcel may be mixed with some other bundles and if it is found in any railway station, the same will be dispatched to the booking arrival address. It is further averred that after two weeks, the complainant alongwith his friend Sunder Lal enquired about his parcel with copy of bill but the officials of railway station sirsa misbehaved with them and stated to go and search at Tirunelveli as parcel was sent on the same day. That then complainant with original bill went there but the op no.5 through its officials replied that no parcel is in their office and if it arrives to railway station, they will issue to the complainant, otherwise they will not be responsible for the loss of booked parcel and advised the complainant to ask the officials at Sirsa railway station. That thereafter, the complainant with his own expenses worth Rs.10,000/- went to Sirsa on 27.9.2017 and made an enquiry and the officer in charge of the station replied to the complainant that they have sent the parcel through train on 22.8.2017 from Sirsa to Hisar in Train No.54623 and then the parcel was sent from Hisar to New Delhi in Train No.12555 in the Gorakhpur Express. It is further averred that thereafter he went to New Delhi Parcel office on 24.10.2017 but the officials of railway station, New Delhi replied that they did not receive any parcel from Sirsa as per receipt of complainant and he was advised to go and search the parcel at Tirunelveli and the complainant also complained at Tirunelveli station but till date no action has been taken by the ops. That the complainant every week from the month of September, 2017 to till date walking from pillar to post for his parcel but he could not be able to find out his parcel and all the times the ops have postponed the matter with one pretext or the other. Ultimately the complainant also got served a legal notice to the ops but all in vain. Hence, this complaint.
2. On notice, opposite parties appeared and filed written statement taking certain preliminary objections that the subject matter relates to the consignment delivery and according to the Central Govt. Act, The Railway Act, it is the Railway Administration Commercial wing, who is to deal with the work and function of consignment of goods/ articles and compensation is to be claimed by complainant only from the Railway Administration on whose railway the destination lies, or the loss, destruction, damage or deterioration occurs to the extent it is permissible under the Act and Rules; that complainant never lodged his claim before the Railway Administration, as referred and mentioned in the Claim Manual he should have lodged his claim first with the Railway Administration, hence complaint is pre mature and is liable to be dismissed; that complainant is estopped by his own act and conduct to file the present complaint and that complainant has concealed the true and material facts from this Forum. On merits, it is submitted that complainant is a highly educated person, who read over all the contents printed over the forwarding note for General Merchandise and had gone through specifically with the contents referred, mentioned while weighing his goods, where contention referred and mentioned as Annexure B is affixed on the wall and now after non traceable of the consignment, complainant in order to get compensation from railway has deliberately mentioned the value of books to the tune of Rs.3,50,000/-. Had he declared the value to that extent, the charges would have been more according to the percentage of the value of articles, hence railway is neither under contractual nor under statutory obligation to pay the amount of Rs.3,50,000/- for the alleged value of old books. It is further submitted that complainant has also gone through the principle term and conditions applying to the carriage of goods by railway which are set forth in the Railway’s Goods & Coaching Tariff in force at the time of booking and to the explanatory note on the back thereof. The complainant has concealed the true and material facts from this Forum and has tried to impose and edit the initial contention by getting the legal engineering done, as it is only in the notice dated 13.12.2017 “first time complainant mentioned the books to be old valuable books and non availability of such books in the market and so collected by him from various part of country and were related to religion, medical and law based one having value more than Rs.3,50,000/-, contrary to his contention recorded in the Forwarding note for General Merchandise and in the receipt by improving his initial version, as he simply referred and mentioned the old books, rest of contention has not been submitted by him to the officer/ Incharge Commercial wing from whom complainant got booked his parcel after getting the same weighed from the weighing scale. It is further submitted that even no value of the goods/ consignment of old books booked by way of parcel at Railway Station Sirsa with the commercial wing, had ever been declared or mentioned by complainant. As the complainant did not declare the value of consignment, the railway had not charged any percentage on such value of consignment, the extent of monetary liability and prescription of percentage charge Rules, 1990, the maximum limit of amount of monetary liability of Railway Administration for loss, destruction, damages, deterioration and non delivery of consignment shall not exceed (i) Rs.100/- per kg in respect of consignment booked as personal baggage (ii) Rs.50/- per kg in respect of consignment other than animals and personal baggage (c) when alternative railway risk and owner risks are quoted, the latter will apply unless the sender in clause (6) overleaf enter the words “railway risk” when he will pay or engage to pay the higher charge and will receive a certificate. It is further submitted that complainant did not get the railway risk certified by referring, mentioning and quoting the rail risk by paying the charges accordingly or agreed to pay the charges. Under these circumstances, the risk for sending the consignment was entirely on the owner/ consigner and this Forwarding note for General Merchandise has been approved by the Central Govt. under Section 64 of Railway Act, 1989 and financial responsibility of railway does not exceed more than Rs.50/- per kg. It is further submitted that if something is misplaced or lost, same can only be delivered after the same being traced and complainant was told about this fact. The complainant did not odge any claim. However, after receipt of intimation regarding non delivery of parcel, the Railway Administration came into action. The case was registered at Northern railway cell vide case no.572 as per report dated 10.12.2017. There is no deliberate, willful, malafide or intentional act on the part of Railway Administration in not handling over the parcel to the complainant. Remaining contents of the complaint are also denied.
3. The parties then led their respective evidence.
4. We have heard learned counsel for the parties and have perused the case file carefully.
5. The complainant in order to prove his complaint has furnished his affidavit Ex.C1 in which he has deposed and reiterated all the averments made in the complaint. The complainant has also produced copy of receipt Ex.C2, copy of letter Ex.C3, copy of legal notice Ex.C4, acknowledgments Ex.C5 to Ex.C7, receipt of booking confirmation Ex.C8, copy of e-ticket Ex.C9, copies of tax invoices Ex.C10, Ex.C11 and copies of certificates Ex.C12 to Ex.C17. On the other hand, ops have tendered affidavit of Sh. Jitendra Meena, Sr. Divisional Commercial Manager as Ex.R1 wherein he has reiterated all the averments made in the written statement. The ops have also furnished copy of forwarding note for General Merchandise Ex.R2, copy of record of daily return of tickets, copy of condition Ex.R4, copy of letter dated 14.12.2018 Ex.R5, copies of letters Ex.R6, Ex.R7 and copies of rules Ex.R8 and Ex.R9.
6. As per contention of complainant, on 21.8.2017 complainant had dispatched his three parcels of old books of weight of 148 Kgs. to his consignee address at Tirunelveli and paid an amount of Rs.1798/- to the officials of Railway station at Sirsa including all service taxes levied thereof vide receipt No.38435364-7764 and 582551 dated 21.8.2017. Same was to be delivered at the consignee address. The value of the parcels is more than Rs.3,50,000/- and till date the parcels have not been delivered to the consignee place despite his best efforts.
7. On the other hand, there are contentions of the opposite parties that complainant did not declare the value of the consignment and Railway had not charged any percentage on the value of such consignment. The maximum limit of amount of monetary liability of Railway Administrate for loss, destruction, damages, deterioration and non delivery of consignment shall not exceed Rs.100/- per kg in respect of consignment booked as personal baggage and Rs.50/- per kg in respect of consignment other than animals and personal baggage.
8. During the course of arguments, learned counsel for ops has contended that till date complainant has not lodged any claim with the Railway Authorities nor same has been settled or repudiated. They are ready to settle the claim as per provisions of Railway Act and Rules framed there under in case claim is lodged by the complainant. Learned counsel for complainant has conceded that complainant has not lodged claim with the Railway authorities so far and filed the present complaint. So, it will be in the fitness of things, if complainant is directed to lodge claim with the ops within a period of 15 days and thereafter ops are directed to settle and pay the claim as per provisions of the Railway Act and Rules framed there under within further period of 30 days.
10. In view of above, we partly allow the present complaint and direct the complainant to lodge his claim with the opposite parties within a period of 15 days from the date of receipt of copy of this order and thereafter the opposite parties are directed to settle and pay the claim of the complainant as per provisions of the Railway Act and Rules framed there under within further period of 30 days. No order as to costs. But however, complainant is at liberty to file fresh complaint, if claim is not settled and paid by the ops under the relevant provisions of law. A copy of this order be supplied to the parties free of costs. File be consigned to the record room.
Announced in open Forum. Member Member President,
Dated:21.08.2019. District Consumer Disputes
Redressal Forum, Sirsa.
