IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Friday the 18th day of August, 2015
Filed on 17.10.2014
Present
- Smt. Elizabeth George (President)
- Sri. Antony Xavier (Member)
- Smt.Jasmine.D. (Member)
in
C.C.No.266/2014
between
Complainant:- Opposite Parties:-
Smt. Czijy Chacko 1. General Manager
Mampilavil House South Eastern Railway
Konni P.O., Pathanamthitta II, Garden Reach Road
Pin – 689 691 Kolkatta – 700 043
2. Parcel Superintendent
Ranchi Railway Station
Ranchi – 834 001
3. General Manager
Southern Railways
G.M. Office, First Floor
M.G.O. Building, Park Town
Chennai – 600 003
4. Parcel Superintendent
Alappuzha Railway Station
Alappuzha – 688 001
(By Adv. G. Premlal)
O R D E R
SMT. ELIZABETH GEORGE (PRESIDENT)
Complainant was a passenger travelling from Ranchi to Alappuzha by Dhanabad – Alappuzha Express, Train No.13351. On his return journey from Ranchi he had booked his gifted house hold furniture’s sofa set and dining table (10 packets) from Ranchi railway station on 27.11.2012 to Alappuzha Railway station vide way bill Receipt R. No. 877135 dated 27.11.2012. The complainant and his packets 10 Nos. started the journey on 28.11.2012. The complainant produced his railway ticket before the second opposite party, the Parcel Superintendent and requested him to book the parcel in connection to his railway ticket, dated 28.11.2012, the complainant had also told that the train will arrive in Alappuzha railway station after 8.20 p.m. on 30.11.2012. On 30.11.2012 the Dhanbad Alappuzha Express train arrived at Alappuzha in platform No.3 at about 8.20 p.m. That after the train’s arrival at Alappuzha station, the complainant went to the parcel office for clearance and collecting his parcels, but he saw the parcel office was closed. On enquiry to the station master who saw the way bill with the complainant, it was as a green way bill so the station master told it cannot be cleared as the complainant was also travelling in the same train he ought to get the clearance at any point of time of arrival from the train in which his parcel was sent. On 27.11.2012 when the complainant approached the second opposite party with his ticket No. 77839126 to book his consignment as per the norms a passenger travelling along with the parcel in the same train is to be issued a red way bill (deliver at any point of time) the act of opposite parties jointly amount in deficiency in service. The complainant who had done three day journey was tired and due to the said negligence had to suffer lot of mental pain and agony, hence the complaint is filed claiming the following reliefs.
- Direct the opposite party to pay a sum of Rs.10,000/- as deficiency in service caused.
- Direct the opposite party to pay a sum of Rs.3000/- as tempo excess charge given to the tempo driver on 30.11.2012 the date when the tempo returned empty.
- Direct the opposite party to return the excess charge taken on the basis of wrong calculation (ie. 5000/-).
- Direct the opposite party to pay compensation for the damage caused to the articles. As the same has high sensational value and cannot be equated in terms of money complaints limits his claim to Rs.4,00,000/-.
- Direct the opposite party to pay Rs.1000/- for mental pain and suffering due to the deficiency in service done by them.
- Direct the opposite party to pay Rs.100/- as court fees and Rs.100/- as cost of tying Rs.800/- as cost of this litigation and Rs.100/- for vakalath.
- Allow all the cost from the opposite party and all other appropriate relief the Forum thinks fit.
-
3. In the light of the preliminary objection filed by the opposite party disputing the maintainability of the above petition on the ground of legal bar under Section 13 of the Railway Claims Tribunal Act, this Forum is inclined to raise a preliminary issue on maintainability without going into the merits of the case whether the above petition is barred Under Section 13(1) (b) of the Railway Claims Tribunal Act. On going through the allegations in the complaint it is revealed that the grievance of the complainant with respect to the goods entrusted with the Railway for delivery and regarding the insurance of the delivery pass, the green paper way bill instead of red paper way bill and also claiming damages on account of the damage caused to the furniture entrusted with the opposite party for delivery. As per the decision reported in 2012 CPJ (1) page No.380 (NC) the case of the complainant could be concerned by the provision of Section 13(1) (a) I of Railway Claims Tribunal Act.
Section 13 reads as follows:-
“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 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, -
(i) Compensation for loss, destruction, damage, deterioration or non-delivery of animals or goods entrusted to a railway administration for carriage by railway;
(ii) Compensation payable under section 82A of the Railways Act or the rules made there under; 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.”
In the instant case, the issuance of the green paper way bill instead of red paper bill is also in connection with the goods entrusted with the Railway and the damage claimed is also with respect to the goods entrusted to the Railway. Hence it is also a case squarely coming within the coverage of Section 13 read with Section 15 of the Railway Claims Act which bars the jurisdiction of the other authorities which certainly includes this Forum and the Consumer Protection Act also especially when the Railway Claims Act 1987 is a subsequent legislation.
In the result, complaint is not maintainable and hence it is dismissed.
Dictated to the Confidential Assistant transcribed by her corrected by me and pronounced in open Forum on this the day 18th day of August, 2015.
Sd/- Smt.Elizabeth George (President)
Sd/- Sri. Antony Xavier (Member)
Sd/- Smt.Jasmine.D. (Member)
Appendix:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:- pr/-
Compared by:-
