I have started journey in train from Saharsa my luggage bag has stolen in running train ( more than 100 km from Saharsa and this also in another railway division) have in iformed to GRP at end of my journey .after that i have also informed railway minister Twitter .than i have written also a letter to DRM separately after that a police officer of RpF came on my residence to taken my state and acopy of FIR in GRP .he told me it is out of our jurdiction level so i will transfer this case to another division.Than i have written 3 times to GM east Central Railway three time but no any response have taken .I have written to them for claim of mentally and economicaly lost .so please advise me that I have to District consumer court saharsa or state consumer Court because incident has been happen out of district saharsa
A.You can claim into district consumer forum when your claim were upto 20 lakhs rs.
•Consumer needs to register his complaint before the appropriate consumer forum as per the jurisdiction. Forum after going though the complaint call the complainant normally within a day or two for preliminary hearing wherein following things are decided.
•As to whether complainant is a consumer .
•Whether complaint has been filed within two years from the date of cause of action has arisen.
•Whether the forum /commission has the pecuniary as well as territorial jurisdiction to deal with the matter.
The process of admission is to be completed within 21 days from the date of registering the complaint before the redressal agency.
A.Territorial jurisdiction in case of consumer cases have been a bit tricky from Complainant point of view. The directions are that the residence of the complainant is immaterial and it is the office or branch office of the other party or service provider takes precedence. Had I taken this case then I would tried to file the case in Saharsa district forum and I would have taken this pleas that Railway has got a local office (station) in Saharsa. Secondly the cause of action started when you boarded the train at Saharsa s from that point of view also I can plead for local jurisdiction. Whether the forum will allow or not is a different matter but this option can be explored and argued for.
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Manjula Shanmugasundaram
Responded 5 years ago
A.The jurisdiction will depend upon the amount of compensation you intend to claim
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ASHISH KUMAR Singh
Replied 5 years ago
I have apply for 50 thousand compensation
Manjula Shanmugasundaram
Replied 5 years ago
Then you would have to file it before the district forum
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About jurdiction of consumer Court
Mohamed Ayub Younus Shaikh
