UNION OF INDIA Vs. ASHOK PRASAD

JUDGEMENT

(1.) This revision petition is directed against the judgment of Ranchi State Consumer Disputes Redressal Commission, Jharkhand '(the State Commission') in First Appeal no. 151 of 2014, whereby the State Commission had dismissed the appeal preferred against the order of the District Consumer Disputes Redressal Forum, Ranchi in complaint case no. 74 of 1993.

(2.) Briefly stated facts relevant for the disposal of the revision petition are that the respondent/ complainant filed a consumer complaint against the petitioner on 01.02.1993 alleging that on 24.01.1993 he along with his family were travelling in a 3 Tier Sleeper Coach S 4 from Barauni to Ranchi. At Barahiya Railway station number of unauthorised person boarded the reserved compartment and occupied the berth allotted to the complainant. Complainant requested those persons to shift to some other place but they insisted that they would not move unless the Train Ticket Collector (TTC) arrives and ask them to move away. Guard was informed and he was requested to send the TTC in the compartment but no TTC came to the compartment. After the departure of train from Dhanbad Railway Station, the complainant fell asleep and when he woke up in the morning he found that his three suit cases were missing and all those unauthorised persons had already departed. The complainant informed the GRP at Gomoh Railway station and then he got recorded his complaint in the Guard Book at Ranchi Railway Station. According to the complainant, the suit case contained some gold jewellery besides clothes etc., worth Rs.87,000/-. As the railway authorities failed to reimburse the complainant, the complainant raised a consumer dispute.

(3.) The petitioner/ opposite party in response to the complaint took preliminary objections that the consumer complaint was not maintainable in view of section 13 and 15 of the Railways Claims Tribunal Act, 1987 and Section 100 of the Railways Act, 1989 and even on merit they denied the allegations.