RAJENDRA MOHAN GUPTA Vs. NORTHERN RAILWAY BARODA HOUSE

JUDGEMENT

(1.) The instant revision petition has been filed against the impugned order of the State Commission, wherein the State Commission dismissed the appeal filed by the complainant as it does not come under the Consumer Protection Act.

(2.) Relevant brief facts are that the complainant Mr. Rajendra Kumar Gupta was travelling from Lucknow to Shahjahanpur by Sealdah Express on 23.4.2005. At Sandila Railway Station, the complainant got down on the platform to bring drinking water, but after short time, the train was started, he could not catch his bogie, but he could catch the guard's compartment by running over. The guard being angry by the act of the complainant, forcibly pushed the complainant. The complainant fell down on the platform and sustained serious injuries. Thereafter complainant lodged an FIR before police station on 26.4.2005. He took treatment and incurred medical expenses to the tune of Rs. 50,000. Hence, he filed a complaint before the District Consumer Disputes Redressal Forum, Shahjahanpur (in short referred as 'The District Forum') against the opposite parties for deficiency in service and claimed compensation of Rs. 3,50,000.

(3.) The opposite parties resisted the complaint by way of filing the written statement and denied that there was any such incident on the said date. The complainant filed a false complaint. Also the opposite party took objection that it is not a consumer dispute. Therefore, the complaint is not maintainable.