sinuvasu (advisor) 06 April 2011

Jurisdiction of RCT n Consumer forum

goodevening to all the seniors/Advocates.

Jurisdiction associated with consumer forum and Railway Claims Tribuna.

One person booked a Railway coaches to travel some destinations and as per the instruction of the Railways he deposited security amount with the Railways and there after he booked the circular tickets and further Reservation of about 300 passengers and accordingly made full payments of all those circulars n reservations.After completion of the journey he approached the authorities concerned n clamed the security deposits laying with the Railways.Now the Railway authorities refusing to return the security amount by stating that the amount of the circular tickets n reservation is much more then the amount paid at the time of bookings.What my personnel view is I want to approach the Consumer forum on the ground of illegal Trade practise and Railway authorities trying to dispute the issue by making it a fare disputes of the circular tickets so that this issue will not be maintainable in the consumer forums.Kindly suggest me a best possible remedies/case laws.etc.

K Sinu vasu

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3 Replies

THILLAINAYAGAM SANKARVEL (SR.ASSOCIATE) 06 April 2011

ONLY RAILWAY CLAIMS TRIBUNAL CAN RESOLVE THE ISSUE

adv. rajeev ( rajoo ) (practicing advocate) 06 April 2011

Yes you can approach the consumer forum. Deny to refund the security depsoite amounts to deficiency of service. Consumer court has got jurisdiction.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 18 April 2011

You can go either to the consumer court or the Railway Tribunal and not to both. If it is turned down by the Railway Tribunal, you cannot go on an appeal to the consumer court. The other way cannot be done either.