UNION OF INDIA Vs. RAVINDRA KUMAR GUPTA

JUDGEMENT

(1.) THIS is an appeal against the judgment and order dated 4.12.2001 passed by District Consumer Forum, Sultanpur in Complaint Case No. 115/1998.

(2.) WE have heard Mr. M.H. Khan, learned Counsel for the appellant and perused the entire record including the impugned judgment and order.

(3.) MR . Khan placing reliance on Sections 13 and 15 of the Railway Claims Tribunal Act, 1987 submitted that a matter relating to non -delivery of goods or less delivery of goods cannot be looked into by the Consumer Fora and as such the judgment is bad. In the instant case admitted facts are that the complainant who is the Proprietor of M/s. Sandip Dresses Readymade Garments for the purpose of carrying on his business purchased some articles from Delhi and the same was booked from railway on 2.5.1996 through R.R. Nos. 420363 and 420364. The aforesaid booked goods could not reach the destination for which it was booked. It appears also that having been found that the booked goods did not reach to the destination, the Railway Administration on the basis of assessment of the loss of the goods in transit sent cash order for payment of Rs. 2,300 plus Rs. 2,500 but the same was refused on the ground that the appropriate compensation was not being paid.