ABDUL HAK vs Union of India

THIS is a complainant''s appeal against the order dated 4.10.1997 passed in Case No. 175/Forum/97 by the District Consumer Disputes Redressal Forum, Satna (for short the ''District Forum''), whereby the complaint of the complainant for compensation of Rs. 26,230/- for delay in delivery of consignment of 85 bundles of cotton booked by Railway Receipt No. 639962 on 8.5.1994 from Kotrus to Satna reached instead of Satna to Allahabad and thereafter delivered at Satna on 30.12.1995 was dismissed holding that the jurisdiction lies with the Railway Claims Tribunal under Section 13 of the Railway Claims Tribunal Act, 1987 (for short RCT Act) and not with the Consumer FORA.

MR. Priyank Patni, learned Counsel for the appellant contended that the compensation was claimed for delayed delivery which amounted to deficiency in service, therefore, the complaint ought not to have been dismissed as barred under Section 15 of the RCT Act. Mr. Rajiv Jain, learned Counsel for the respondent supported the order and submitted that the claim relates to compensation for delay in delivery of the goods entrusted to Railway Administration for carriage by railway which falls within the jurisdiction, powers and authority of the Claims Tribunal under Section 13 of RCT Act and, therefore, jurisdiction was barred.

Section 13 and Section 15 of the Railway Claims Tribunal Act, 1987 reads thus : "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, des-truction, damage, deterioration or non-delivery of animals or goods entrusted to a Railway Administration for carriage by railway; (ii) compensation payable under Section 82-A of the Railways Act or the rules made thereunder; and (b) in respect of the claims for refund of fares or part thereof for refund of any freight paid in respect of animals or goods entrusted to a Railway Administration to be carried by Railway. (2) The provisions of the Railways Act and the rules made thereunder shall, so far as may be, be applicable to the inquiring into or determining, any claims by the Claims Tribunal under this Act. 15. Bar of jurisdiction-On and from the appointed day, no Court or other Authority shall have, or be entitled to, exercise any jurisdiction, powers or authority in relation to the matters referred to in Sub-section (1) of Section 13."

THE claim of the complainant for compensation was for the delay in delivery of the goods entrusted with the Railway Administration for carriage by Railway from Kotrus to Satna fell within item (i) of Clause (a) of Sub-section (1) of Section 13 of RCT Act, therefore, in view of the bar of jurisdiction as contained in Section 15 of the RCT Act the complaint was rightly dismissed by the District Forum. In the result, appeal fails and is dismissed with no order as to costs. Appeal dismissed.