KUNDAN LAL JAYASWAL S/O LT LUXMI NARAIN JAYASWAL Vs. EXECUTIVE DIRECTOR (P G ) CELL & ANR; SECRETARY UNION OF INDIA INDIAN RAILWAYS NEW DELHI

JUDGEMENT

(1.) This revision petition has been filed under Section 21(b) of the Consumer Protection Act, 1986 against the order dated 02-02-2018 passed in first appeal No. 645 of 2017 by Delhi State Consumer Disputes Redressal Commission, Delhi ( for short "State Commission"), whereby the appeal was dismissed and upheld the dismissal order of the District Forum.

(2.) The brief facts relevant for disposal of this petition are that in the year 2013, the complainant had initially filed consumer complaint No.896 of 2013 before the District Consumer Disputes Redressal Forum-VI, I. P. Estate, New Delhi (for short, 'District Forum') against the OP for alleged deficiency in service, excess charges of fare etc. The complaint was dismissed and the complainant preferred first appeal No. 80 of 2015 before the State Commission. The appeal was accepted and the complaint was remanded back to the District Forum for deciding the case afresh on merit. Accordingly, the District Forum heard the complaint and dismissed the complaint vide order dated 18.09.2017 on the ground that the District Forum did not have territorial jurisdiction.

(3.) Being aggrieved, the complainant filed first appeal before the State Commission. The State Commission vide impugned order dated 2.2.2018 dismissed the appeal on the ground of limitation and territorial jurisdiction. Regarding the issue of excess charge, the State Commission observed that it was outside the jurisdiction of civil court or any other court as such issues need to be entertained at Railway Claims Tribunal. Being aggrieved, the complainant filed the instant revision petition.