GULSHER vs Station Master Railway Station Shahdara Delhi

SH. Gulsher Ahmad, the complainant, had filed the present complaint under Section 17(1)(a) of the Consumer Protection Act, 1986 (hereinafter referred to as the Act). In the present complaint, filed by the complainant, the grievance of the complainant, in nutshell, is that on 30.11.2001 at about 6.00 p.m. when he had gone to Railway Station, SHahdara, Delhi to purchase a ticket and was standing in a queue in front of the booking window for the above purpose, his pocket was picked and he was deprived of Rs. 5,000/ -. It is stated that the complainant brought the above fact to the notice of the officers of the Railway Department but no action was taken by anyone of them. The other grievance of the complainant in the present complaint is that on 1.12.2001 while he was travelling from Hazrat Nizamuddin Railway Station to Agra by Taj Express, after the train crossed Mathura Railway Station, some policemen entered into the compartment in which the complainant was sitting and forcibly detrained the complainant on the allegations that the complainant was travelling on a forged ticket. It is stated that on the above allegations, the complainant was manhandled, was fined Rs. 1,106/ - and another sum of Rs. 1,000/ - was also snatched away from him illegally by those police persons. It is stated that the complainant was also given severe beating with kicks, fists and dandas by those policemen as a result of which the complainant was even unable to walk. It is stated that in a very bad condition, the complainant had to return to Delhi and had to take treatment at Kamal Nursing Home, Jafrabad, Delhi. Alleging deficiency in service on the part of the O.ps., it has been prayed by the complainant that the O.Ps. be directed to pay to the complainant a sum of Rs. 10,11,000/ - as compensation together with interest @ 24% p.a. from 30.11.2001 till realization.

WE have heard the complainant at length on the question of admission of the present complaint. The dispute being raised by the complainant in the present complaint relates to his pocket being picked at Railway Station, Shahdara and thereafter the alleged harassment by the police authorities near Railway Station Mathura (U.P.). In our opinion, the dispute being raised by the complainant is not a consumer dispute within the meaning of Section 2(1)(e) of the Act and as such no relief can be given to the complainant by a Redressal Agency established under the Act. The present complaint filed by the complainant is, therefore, dismissed being not maintainable. However, before concluding, we would like to make it clear that the dismissal of the present complaint by this Commission will not operate to the prejudice of the complainant in the matter of pursuing any other remedy that may be available to the complainant under any other law for the time being in force. Complaint dismissed.