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R.C.JAIN, ANUPAM DASGUPTA
Union of India through General Manager – Appellant
Versus
Shiv Devi Agarwal – Respondent


Counsel for the Parties:
For the Appellants:Mr. Sandeep Saxena, Advocate
For the Respondents:Mr. Amareesh Tyagi and Mr. M.K. Garg, Advocates

ORDER

R.C. Jain, Presiding Member —This appeal raises an important question of law in regard to the jurisdiction of the consumer fora to entertain and decide the complaints seeking compensation for injury / death of a railway passenger owing to the alleged deficiency on the part of Railway Administration.

2. The .facts and circumstances leading to the present appeal filed by the Union of India (Western Railway Administration), against the order dated 24.06.03 passed by the Rajasthan State Consumer Disputes Redressal Commission, Jaipur (in short, ‘the State Commission’) in complaint case No. 4/2000, are that the respondents, Smt. Shiv Devi Agarwal and Shri Ram Vilas Agarwal, the unfortunate parents of one, Raju Agarwal (deceased), filed a complaint u/s 12 of the Consumer Protection Act, 1986 (hereafter, ‘the Act’) before the State Commission alleging deficiency in service on the part of the appellants, Railway Administration to the effect that on 2.8.99 at about 9.00 p.m. at Bandikui Railway Station, the said Raju Agarwal went to drink water at the Hydrant (Drinking Water Booth) installed at the platform and while he was drinking water at the said hydrant, the wall of the said hydra











































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