JATINDER CHAND JUNEJA Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER was the complainant before the District Forum where he had filed a complaint alleging deficiency in service on the part of the respondent.

(2.) BRIEFLY stated the facts leading to filing of the complaint were that the petitioner/complainant who was a pass-holder of the Railways boarded the train on 29. 8. 1993 leaving Palwal at about 6. 45 a. m. , but when the train crossed old Faridabad Railway Station, a ladder of signal made of cast iron/steel which was not fixed with the signal and was bending, and stood elevated to such an angle that the same was touching the train through the windows suddenly collided and struck the hands and shoulders of the passengers travelling in the train including the complainant. After which he was admitted in the Holy Family Hospital, New Delhi. FIR was filed and Railway Police Post at Hazrat Nizammudin Railway Station, Delhi was also informed. It is in these circumstances the complaint was filed before the District Forum seeking compensation. The District Forum by majority judgment directed the respondent to pay compenstion of Rs. 1. 00 lac along with interest and cost of Rs. 2,000. By minority judgment by the President of the District Forum, it was held not to be a consumer dispute and directed the complainant to file complaint before the Appropriate Authority i. e. , Railway Claims Tribunal under the Railway Act.

(3.) AGGRIEVED by majority order passed by the District Forum, an appeal was filed before the State Commission by the respondent-Union of India which was allowed holding the consumer not to be a 'consumer' within the meaning of the Consumer Protection Act, 1986 in view of the provisions of the Railway Claims Tribunal Act. Hence, this revision petition.