UNION OF INDIA Vs. SOM PARKASH AND BROS

JUDGEMENT

(1.) This is an appeal at the behest of Union of India Northern Railways and Station Master, Northern Railway, Gidderbaha against the judgment and order of the District Forum dated 16.4.2001. The detailed facts are not necessary to be stated for the view we are taking in the matter.

(2.) Complainant, Shri Som Parkash, alleged in the complaint that he had booked three cartons containing 58 boxes each of snuff (in vernacular 'naswar') valuing Rs.9,744 as also one other carton containing 120 packets valuing Rs.4,200 with the Railways at Gidderbaha vide GR No.331396 dated 13.7.1998 and paid the transportation charges for the delivery of the same to its consignee at Bassi Pathana. The allegation made was that the booked cartons were not delivered to the consignee and were rather lost in transit. Damages, etc. were claimed before the District Forum. The complaint was allowed by the District Forum and the respondents in the complaint (now the appellants) were directed to pay to the complainant a sum of Rs.13,944 as price of consignment along with interest at the rate of 12% per annum and also to refund the transportation charges of Rs.97. Rs.5,000 was also awarded as compensation and costs.

(3.) The point raised by the appellants in this appeal is regarding the jurisdiction of the Fora under the C. P. Act, 1986 to entertain the complaint like the present one. The matter need not detain us in view of the judgment of the National Commission in Union of India through General Manager, Southern Railway V/s. M. Adaikalam,1993 2 CPR 1994 (NC ). In that case it was specifically held that the Fora has no jurisdiction in case there is alleged loss, destruction, damage, deterioration or non-delivery of goods or delay in delivery of the goods by the Railways. The Fora under the CP Act has no jurisdiction to entertain the complaint on account of alleged deficiency in service. This was so held in view of provisions of Sec.13 and Sec.15 of the Railway Claims Tribunal Act, 1987 . We had an occasion to consider a similar point in First Appeal No.161 of 2006 Union of India, Northern Railway and Others V/s. M/s. Manko Industries, decided on 25.7.2006. After detailed discussion, we had held that Fora under the CP Act has no jurisdiction to entertain the complaint regarding the goods which are booked through the Railways. The judgment of this Commission cited by the respondent complainant, Northern Railway V/s. Avinash Chadha,1998 2 CLT 481 does not apply to the facts of the present case. That was a case where a passenger had lodged a complaint with the District Forum alleging non-maintenance of temperature in the AC Coach and thereby suffering physically. That judgment was not dealing with the case of 'goods' booked through the Indian Railways, which are specifically dealt with by the Act known as Railway Claims Tribunal Act, 1987 .