(1.) THIS is an appeal received by transfer from Punjab State Consumer Disputes Redressal Commission against the order of District Consumer Disputes Redressal Forum, Ferozepur dated 17.1.2002 passed in complaint case No. 21 of 2001. The contextual facts in brief are as under:
(2.) IN his case set up before the Forum the respondenthas averred thathebooked suiting/ shirting weighing 65 kgs, valued at Rs. 49,820 from Bombay Central to Ferozepur through Janta Express Train on 20.11.1999 vide Bilty/LT No. 693397. It is stated that the booking charges for the same were duly paid. It is alleged that the consignment did not reach at Ferozepur, the Complainant approached the authorities time and again for non -receipt of the said bilty, however needful was not done. A noting was also made on the back of the booking receipt on 10.12.1999 but inspire of repeated visits, the consignment could not be traced. It is also averred that letters dated 15.12.1999,18.12.1999, 24.1.2000, 24.2.2000, 8.3.2000, 18.3.2000 and 6.7.2000 were written, however it did not elicit any response. On 12.5.2000 the Complainant was informed to contact the O.P. No. 3 i.e. the Chief Claims Officer, Northern Railway, however no action on the same was taken. It is stated by the Complainant that he is a small shopkeeper and this business, a source of his livelihood, has greatly suffered due to aforesaid deficient service rendered to him. In the prayer clause, a direction has been sought against the O.Ps. to pay Rs. 49,820 towards the price of the items with interest, to pay Rs. 50,000 as compensation and harassment and Rs. 10,000 towards costs of litigation.
(3.) THE reply filed by the O.Ps., the preliminary objection taken is that the Forum has no territorial jurisdiction to entertain the present complaint in view of the provisions of Sections 13, 15 and 28 of the Railway Claims Tribunal Act, 1987."It is submitted that only Railway Claims Tribunal has got jurisdiction to try the claim and no other authority or Tribunal can adjudicate in the matter. A prayer was made to dismiss the complaint or the same be returned for presentation before a proper Tribunal.