State Consumer Disputes Redressal Commission
Jai Narain vs North Western Railway on 7 August, 2009
BEFORE
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CIRCUIT BENCH, JODHPUR
(RAJASTHAN)
Appeal No. 78/2008
Jai
Narain vs North-Western Railway, Headquarter, Jodhpur
07.08.2009
Before:
Mr.
G.S. Hora, Presiding Member
Mr. Sikandar Punjabi, Member Present:
Mr. M.S. Sheikh, counsel for the Appellant Mr. Shanker Chauhan, counsel for the Respondent Heard.
This appeal arises out of the order dated 26.2.2008 passed by the learned District Forum, Jodhpur whereby the complaint of the Complainant was dismissed.
Very important point about the jurisdiction of the Consumer Forum was raised by the learned counsel for the Respondent. The issue was also raised before the learned District Forum attracting the provisions of Section 13 of Railway Claims Tribunal Act, 1987. Section 13 reads as under:
"Jurisdiction, Powers and Authority of Claims Tribunal.- (1) The 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 the Railways Act,-
(a) relating to the responsibility of the railway administrations as carriers under Chapter VII of the Railways Act in respect of claims for -
compensation for loss, destruction, damage, deterioration or non-delivery of animals or goods entrusted to a railway administration for carriage by railway;
compensation payable under section 82A of the Railways Act or the rules made thereunder; and 2
(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.
[(1A) The Claims Tribunal shall also exercise, on and from the date of commencement of the provisions of section 124A 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 section 124A of the said Act or the rules made thereunder.] The provisions of the [Railways Act, 1989 (24 of 1989)] and the rules made thereunder shall, so far as may be applicable to the inquiring into or determining, any claims by the Claims Tribunal under this Act."
The learned counsel for the Respondent submitted that this plea was raised before the learned District Forum but the submissions did not find favour with the learned District Forum. As per the provisions of Section 13, the powers can be exercised only by the Railway Claims Tribunal in respect of claims for refund of fares. The learned District Forum committed an error in holding that this Section relates to compensation for loss or delay or non-delivery of animals or goods entrusted to railway administration for carriage by railway.
We have perused the said provisions and are of the view that in respect of claims for refund of fares, it is only the Railway Claims Tribunal which has jurisdiction to decide such matters. Fare is charged from the passengers for the journey they undertake whereas freight is charged for carriage of animals and goods. Under Section 13(1)(b) for any claim for refund of fares, the jurisdiction lies with the Railway Claims Tribunal and not before the Consumer Fora . There is section 15 of the Railway Claims Tribunal Act, 1987 which bars the jurisdiction of any court or authority to exercise jurisdiction in relation to the matters to Section 13. As there was a bar to entertain such matters referred by the Consumer Fora , the Consumer Forum cannot go into the merits of the case. The appeal is being dismissed on a ground other than the grounds taken by the learned District Forum.
3Consequently, the appeal is dismissed. The Complainant may approach the Railway Claims Tribunal, if so advised.
Member Presiding Member Hira Lal