N E RAILWAY Vs. MUKTI NATH GUPTA

JUDGEMENT

(1.) Petitioner, who is the O. P. in the Complaint Case No.264/2002, pending before the District Consumer Forum, Saran (Chapra) has preferred this revision against the order dated 3.2.2004, passed by the District Consumer Forum, Saran in the above complaint case, by which the District Consumer Forum has been pleased to reject the plea of the petitioner regarding non-maintainability of the complaint case.

(2.) The brief facts of the case is that the complainant filed a complaint before the District Consumer Forum, Saran stating therein that he booked his articles along with one Godrej Fridge etc. on 28.10.1999 from Jam Nagar Railway Station (Gujarat) to Chapra (Saran) after paying proper freight and fare. His booked Fridge could not be delivered at Chapra for which he made several inquiries and at last filed complaint before the Consumer Forum claiming Rs.28,801/- as cost of the Fridge, other expense and compensation for harassment.

(3.) The O. P. appeared and filed written statement and took plea that under Sections 13 and 14 of the Railway Claims Tribunal Act, 1987 , it was not maintainable and prayed that the complaint may be dismissed. After hearing of the parties the District Forum held by the order dated 3.2.2004 that complaint is maintainable and accordingly rejected the preliminary objection raised on behalf of the petitioner (Rly.)