UNION OF INDIA Vs. MEDICAL SYSTEMS & SERVICES

JUDGEMENT

(1.) This revision petition is directed against the order dated 3.11.2006 of the Delhi State Consumer Disputes Redressal Commission, Delhi (in short, 'the State Commission') in First Appeal No. 783 of 2006. By this order, the State Commission dismissed the appeal of the petitioner and affirmed the order dated 24.4.2006 of the District Consumer Disputes Redressal Forum (Central), Kashmere Gate, Delhi (in short, 'the District Forum') in complaint case No. 310 of 2004. The respondent was the complainant before the District Forum and alleged that the opposite party - OP (petitioner herein) failed to deliver the consignment of goods booked by the complainant on 7.7.2004. Though the complainant lodged a claim demanding refund of the value of the goods (Rs. 30,375), the OP issued a cheque for Rs. 914 which the complainant accepted under protest. The complaint was opposed by the OP/petitioner on the ground that the dispute was in the nature of a railway claim and the Consumer Fora established under he provisions of Consumer Protection Act, 1986 (in short, 'the Act') had no jurisdiction to adjudicate such claims in view of the provisions of Sections 13, 15 and 28 of the Railway Claims Tribunal Act, 1987. This plea of the OP/petitioner, however, dismissed by the District Forum as well as the State Commission, the latter holding that by virtue of provisions of Section 3 of the Act provided for an additional remedy which could be availed of by any consumer.

(2.) I have heard Mr. Rajeshwar Singh, learned Counsel for the petitioner. Though a responsible representative of the respondent/complainant was present before this Commission on 6.7.2011 when the date of 19.10.2011 was given for final hearing, there was no representation on behalf of the respondent/complainant on 19.10.2011. Hence, the respondent is being proceeded against ex parte in these proceedings.

(3.) Mr. Singh has drawn attention specifically to the provisions of Sections 13 and 15 which cover the jurisdiction of Railway Claims Tribunals established under the Railway Claims Tribunal Act, 1987. These sections read as under: