Order no.4    dt.22.12.2020

Today is fixed for passing necessary order. It is the prima facie case of the complainant that the complainant was travelling in the Varanasi – Sealdah express train no.13134 from Varanasi to Sealdah on 19.11.2019 in Sleeper Class (S 1) along with her husband and other family members. In course of the journey some unauthorized miscreants entered in the said compartment at Bhagalpur Station, the complainant and her family members raised objection regarding the unauthorized entry, but the said miscreants did not pay any heed to the objection of the complainant and threatened them in dire consequences. At that time no TTI or RPA / GRPF was present inside the said compartment. Thereafter the miscreants snatched the valuable articles of the complainant and manhandled them. Thereafter the miscreants were left the train after taking the valuable articles and money.

Due to inactiveness on the part the railway authority the complainant and her family members suffered. According the complainant this is the deficiency of service on the part of the railway authority. Hence, the complainant prays for relief under the C.P. Act.

Now the question before this Forum whether the relief claimed by the complainant is within the purview of the C.P. Act or not. The incident took place inside the compartment is purely a criminal act committed by the miscreants and the complainant has enough opportunity to claim relief under criminal law or claim for compensation due to this incident before the Railway Claim Tribunal.

Where there is a specific Forum for giving such relief it will not be fit and proper to consider it within the purview of C.P. Act. Hence, in my view the complainant has not come before the appropriate Forum. As such, the complaint case is dismissed.

Hence, it is ordered,

That the complaint case is dismissed. Nor order is passed as to cost.

The complainant is at liberty to file the case afresh before the appropriate Forum for relief.