Heard learned counsel for the appellants.

2.      Respondent No.1 is absent in spite of service of summon sufficient.

 3.     This is an appeal filed u/s 15 of the erstwhile Consumer Protection Act, 1986 (hereinafter called the ‘Act’). Parties to this appeal shall be referred to with reference to their respective status before the District Forum.

4.    Learned counsel for the appellants submitted that the complainant had booked the luggage at Howrah Railway Station for delivery of the same at Sambalpur and accordingly, paid luggage charges vide receipt No. A 2420502 dated 14.5.2013 but the luggage was misplaced. He enquired from the booking supervisor but did not find the same. In spite of effort when complainant did not find the same, he allegedly filed the complaint against the appellants.

5.      Learned counsel for the appellants further submitted that the OPs - appellants appeared and filed written version stating that the case is not maintainable and the learned District Forum has no jurisdiction to entertain the claim as it has no territorial jurisdiction. Moreover, the OPs have taken the stand that as per the provisions of Railways Act, 1989 once the loading of goods made and handed over to the guard, there is no responsibility of OPs. According to him, if any luggage is misplaced or lost the authorities under the Railways Act would be addressed by the concerned aggrieved party but the learned District Forum has no  jurisdiction to entertain the same.

6.      Learned counsel for the appellants submitted that learned District Forum without appreciating the case of the OPs has allowed the complaint. Learned District Forum has committed error in law by not deciding the issue of territorial jurisdiction and the applicability of Railways Act. So, he submitted to set aside the impugned order by allowing the appeal.

7.      Considered the submission of learned counsel for the appellants and perused the DFR including the impugned order.

8.      It appears from the complaint that the complainant has booked goods at Howrah Railway Station in the train Howrah Koraput Samalewari Express and the consignment was to be handed over at Sambalpur. It is also revealed from the complaint that complainant has travelled from Howrah to Sambalpur but when he did not find out any other luggage then he approached the railway authorities. As per Section 11 of the Act, the learned District Forum has jurisdiction where the cause of action arose partly or wholly. In this case, the goods were not booked at Boudh. So no part of cause of action arose at District Forum, Boudh and the learned District Forum, Boudh has no jurisdiction to entertain the complaint. The other aspects regarding Railways Act, the Commission did to go through the issue. It is settled law that the provisions of the Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force.

9.      In view of above, the impugned order is liable to be set aside and is set aside.

10.    The appeal stands allowed. No costs.

The statutory amount deposited be refunded to the appellants with interest accrued thereon if any on proper identification.

          DFR be sent back forthwith.

          Supply free copy of this order to the respective parties.