ABDUL HAK Vs. UNION OF INDIA

JUDGEMENT

(1.) 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 Sec.13 of the Railway Claims Tribunal Act, 1987 (for short RCT Act) and not with the Consumer FORA.

(2.) 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 Sec.15 of the RCT Act.

(3.) 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 Sec.13 of RCT Act and, therefore, jurisdiction was barred.