JAI NARAIN Vs. NORTH WESTERN RAILWAY

JUDGEMENT

(1.) THIS appeal arises out of the order dated 26.2.2008 passed by the learned District Forum, Jodhpur whereby the complaint of the Complainant was dismissed. Very important point about the jurisdiction of the Consumer Forum was raised by the learned Counsel for the Respondent. The issue was also raised before the learned District Forum attracting the provisions of Section 13 of Railway Claims Tribunal Act, 1987. Section 13 reads as under:

(2.) THE learned Counsel for the Respondent submitted that this plea was raised before the learned District Forum but the submissions did not find favour with the learned District Forum. As per the provisions of Section 13, the powers can be exercised only by the Railway Claims Tribunal in respect of claims for refund of fares. The learned District Forum committed an error in holding that this section relates to compensation for loss or delay or non -delivery of animals or goods entrusted to railway administration for carriage by railway.

(3.) WE have perused the said provisions and are of the view that in respect of claims for refund of fares, it is only the Railway Claims Tribunal which has jurisdiction to decide such matters. Fare is charged from the passengers for the journey they undertake whereas freight is charged for carriage of animals and goods. Under Section 13(1)(b) for any claim for refund of fares, the jurisdiction lies with the Railway Claims Tribunal and not before the Consumer Fora . There is Section 15 of the Railway Claims Tribunal Act, 1987 which bars the jurisdiction of any Court or authority to exercise jurisdiction in relation to the matters to Section 13. As there was a bar to entertain such matters referred by the Consumer Fora, the Consumer Forum cannot go into the merits of the case. The appeal is being dismissed on a ground other than the grounds taken by the learned District Forum.