Punjab

Moga

CC/16/83

Ram Lal Gupta - Complainant(s)

Versus

Airborn Supply Chain Solutions - Opp.Party(s)

Sh. Dinsesh Kumar Garg

28 Jun 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MOGA.

 

                                                                                      CC No. 83 of 2016

                                                                                       Instituted on: 01.04.2016

                                                                                      Decided on: 28.06.2016

 

Ram Lal Gupta, aged 68 years S/o Sh. Dhani Ram, carrying on the business of Computer etc. as Sole Proprietor under the Name and Style of M/s Bansal Computers, Near Nehru Park, Moga, Tehsil & District Moga.

                                                                          ……… Complainant

 

Versus

1.       Airborne Supply Chain Solutions, Shop no. 103, Ekta Market, Sector-42, Chandigarh, through its Representative Sh. Vipin Kumar.

 

2.       Airborne Supply Chain Solutions, House no. 1442, Ward no.4, New Civil Lines, Near Hotel Big Ben, Moga, Tehsil & District Moga, through its Representative Sh. Rakesh Aneja.

 

3.       Vipin Kumar, Airborne Supply Chain Solutions, Shop no. 103, Ekta Market, Sector-42, Attawa, Chandigarh.  

 

4.       Rakesh Aneja, Airborne Supply Chain Solutions, House no. 176, Ward no.14, Street no.3, Radha Swami Nagar, Moga, Tehsil & District Moga.

 

                                                                           ……….. Opposite Parties

 

Complaint U/s 12/14  of the Consumer Protection Act, 1986.

 

 

Quorum:    Sh. Ajit Aggarwal,  President,

                   Smt. Vinod Bala, Member,

                   Smt. Bhupinder Kaur, Member.

 

Present:       Sh. Dinesh Kumar Garg, Advocate Cl. for complainant. 

                   Opposite parties exparte.

 

 

ORDER :

(Per Ajit Aggarwal,  President)

 

 

1.       Complainant has filed the instant complaint under Section 12/14 of the Consumer Protection Act, 1986 ( hereinafter referred to as the "Act") against Airborne Supply Chain Solutions, Shop no. 103, Ekta Market, Sector-42, Chandigarh, through its Representative Sh. Vipin Kumar and others (hereinafter referred to as the opposite parties) for directing them to pay a sum of Rs. 42,700/- as price of goods. Further opposite parties may be directed to pay Rs. 50,000/- on account of damages and compensation mental tension, un-unnecessary harassment to the complainant or any other relief which this Forum may deem fit and proper be also granted.

2.                Briefly stated the facts of the case are that the complainant is carrying on the business of computer, printers etc. as sole proprietor at Moga under the Name and Style of M/s Bansal Computers, Moga. On 14.05.2015, the complainant dispatched goods from Moga to M/s Global System, 1^st Floor, SCO 2905, Sector 22-C, Chandigarh, through opposite parties. The opposite party no.2 has its office at Moga and issued receipt no. M 000719. The goods dispatched were in two boxes. Both the boxes containing goods were to be delivered to the abovesaid Global System, but only one box was delivered by the office of opposite party at Chandigarh to the abovesaid firm. The complainant approached the opposite parties a number of times and requested them to locate the second box, but the opposite parties postponed the matter by assuring the complainant that they will locate the box at the earliest as possible and will deliver the same to the abovesaid firm at Chandigarh, but nothing was done. As per the list, the value of the goods which were not delivered by opposite parties to the receiver is Rs. 42,700/-. Complainant also got issued notice to opposite parties, through his counsel on 2.11.2015. The said notice was received by the opposite parties, but they did not give any reply to the said notice. From the above detailed facts, it is clear that there is deficiency in services and negligence on the part of the opposite parties. Hence this complaint.

3.                Notice of this complaint was issued to opposite parties for 24.05.2016. On 24.05.2016, opposite parties appeared in this Forum through their Representative, Sh. Rakesh Aneja/opposite party no.4 and case was adjourned for filing written reply on behalf of opposite parties. But lateron, none appeared on behalf of opposite parties neither through counsel nor in person. It was observed that opposite parties are not interested to contest the present complaint, so, vide order dated 02.06.2016, opposite parties were proceeded against ex-parte and case was fixed for arguments.

4.                In his ex-parte evidence, complainant tendered in evidence his duly sworn affidavit Ex. C-1 and copies of documents Ex. C-2 to Ex. C-9 and closed the evidence.

5.                As there is no rebuttal on behalf of opposite parties. So, we have heard the ex-parte arguments of complainant and have carefully gone through the record placed on file.

6.                Complainant was given proper opportunities to lead the ex-parte evidence. Learned counsel for complainant in ex-parte arguments contended that complainant is carrying on the business of Computer goods in the name and style of M/s Bansal Computers, Near Nehru Park, Moga. On 14.05.2015, the complainant dispatched some goods from Moga to M/s Global System, 1^st Floor, SCO 2905, Sector-22-C, Chandigarh, through opposite parties, through Moga Office. The goods were dispatched in two boxes and list of goods contained in each box was duly attached with the boxes. Opposite party no.2 issued receipt regarding the same, copy of the receipt is Ex. C-5 and list of goods are Ex. C-2 and Ex. C-3. Both the boxes containing goods were to be delivered to M/s Global System at Chandigarh, but the opposite parties delivered only one box at Chandigarh and they had not delivered the second box, which containing the goods amounting to Rs. 42,700/-, the list of which is Ex. C-3. The complainant approached opposite parties a number of times and requested them to locate the second box which was to be delivered at Chandigarh and in case of failure to make payment of the price of the goods. Opposite parties assured the complainant that they will locate the box at the earliest possible and will deliver the same to the said firm at Chandigarh, but till today they have not delivered the goods to the said firm. The complainant also got issued a legal notice upon the opposite parties, through his counsel, but opposite parties did not give any reply to the said notice, copy of the notice is Ex.C-6, The act of opposite parties for not delivering the goods received by them from the complainant at the destination, amounts to deficiency in service and trade mal practice on the part of opposite parties. The opposite parties are liable to pay the value of the goods alongwith compensation and litigation expenses. Ld. Counsel for the complainant has made prayer for acceptance of the present complaint.

7.                We have heard the ex-parte arguments of the complainant and also gone through the file and evidence lead by the complainant. The case of the complainant is that he entrusted two boxes of goods with opposite parties to deliver the same at Chandigarh and paid freight charges to them for the same, but opposite parties delivered only one box and failed to deliver the second box of goods to the addressee, which amounts to deficiency in service and mal trade practice on the part of the opposite parties. In support of the pleadings, the complainant adduced the list of goods as Ex. C-2 and Ex. C-3. The goods mentioned in the list Ex. C-3 were not delivered by the opposite parties at the destination. It is further clear from the receipt Ex. C-5 that the addressee at Chandigarh received only one box of the goods and had not received second box. The complainant succeeds to prove his case. The acts of opposite parties for not delivering the second box containing goods at the destination amounts to deficiency in service and mal trade practice on their part.

8.                In view of the above discussion, the present complaint in hand is allowed and opposite parties are directed to pay Rs. 42,700/- the price of the goods which were not delivered by them to the destination alongwith interest @ 9% p.a. from 14.05.2015 when they received the goods till final realization. Opposite parties are further burdened to pay Rs. 8,000/- (Eight thousand only) as compensation for mental agony and harassment faced by complainant and Rs.2,000/- (Two thousand only) as litigation expenses to the complainant. Opposite parties are directed to comply with the order within one month from the date of receipt of the copy of the order, failing which, complainant shall be entitled to initiate proceedings under Section 25 and 27 of Consumer Protection Act. Copy of the order be supplied to parties free of costs. File be consigned to the record room. 

Announced in Open Forum

Dated : 28.06.2016

                               (Bupinder Kaur)           (Vinod Bala)                     (Ajit Aggarwal)

                                     Member                     Member                             President