CHIEF COMMERCIAL SUPERINTENDENT (CLAIMS) WESTERN RAILWAY vs N.M.SHARMA

THIS revision has been filed by Chief Commercial Superintendent (Claims) Western Railway against the order of the District Forum, Jaipur dated 26.9.93. Mr. N.M. Sharma, Advocate was present for the complainant/non-petitioner on 28.4.94, but he did not appear thereafter. We have, therefore, heard the learned Counsel for the petitioner. The claim of he complainant/non-petitioner was for refund of the railway fare on the basis of non-availability of the reservation.

THIS State Commission in the case of J.L. Sharma v. Divisional Manager, Western Railway, Jaipur (Appeal No. 491/92 decided on 24.2.95) has held that the claim for refund of the railway fare was not maintainable before the Consumer Forum and the Complainant had remedy before the Railway Claims Tribunal established under the Railway Claims Tribunal Act, 1987. The District Forum was, therefore, wrong in allowing the claim of the Complainant. We, therefore, allow this revision, set aside the order of the District Forum, Jaipur dated 26.7.93 and direct the District Forum to return the complaint to the complainant/non-petitioner with a direction to present the same or modified complaint before the competent Tribunal i.e. Railway Claims Tribunal. Revision allowed.