BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI. G. SIVAPRASAD                                        :  PRESIDENT

SMT. R. SATHI                                         :  MEMBER

SMT. LIJU B. NAIR                                  : MEMBER

C.C. No. 359/2013 Filed on 24.08.2013

Dated: 28.02.2014

Complainant:

L. Saha, HQSAC Air Force, Akkulam, Thiruvananthapuram-695 031.

                             (By adv. Suresh Kumar C.R)

Opposite party:

The Proprietor, AR Transport Agency, No. 4, Backbone, Kolkata-700 012.                                         

This C.C having been heard on 18.02.2014, the Forum on 28.02.2014 delivered the following:

ORDER

SMT. LIJU B. NAIR: MEMBER

The complainant is a serving member of Indian Air Force presently posted at Head Quarters SAC Air Force Akkulam, Thiruvananthapuram.  The complainant was posted at Air Force Station Barrakpore at Kolkata before being posted at this station.  The complainant entrusted his luggage to be transported to Akkulam Trivandrum from Barrakpore by road, through the opposite party who is carrying out business of the same nature having his head office at the above address.  As such the opposite party took the responsibility of conveying the household goods along with motor cycle of the complainant in 23 packing on 01.05.2013.  An amount of Rs. 40,550/- and Rs. 3,050/- for Motor cycle was received by the opposite party on 01.05.2013 against which a bill/cash receipts bearing No. 1644 and 1645 were issued on 01.05.2013.  The opposite party has assured that the consignments will be delivered within a period of 7 days and reposing on him the complainant has assuaged his accommodation with family at new station by 7^th of May 2013.  When it was found the luggage has not reached Air Force station, Akkulam even by 8^th the complainant made several telephone calls to the opposite party who informed that his luggage is on the way and will be delivered at spot within 2 days as the same is held up on the way near Chennai.  Due to the assurance made by the opposite party all the personal belongings including the uniform items and the dress material of the entire family was in the packing held by the opposite party.  It was hard for the complainant to maintain himself and family without even kitchen utensils, and had to depend purely on hotels.  The repeated phone calls continued on the telephone numbers which either was switched off or the office directed only to contact the proprietor Mr. A.R. Rehman on mobile whereas the proprietor stopped answering the calls of this complainant.  The complainant and his family was totally upset as their day-to-day life become almost impossible the complainant was compelled to purchase each and everything to bring life to normal state.  It has come to the knowledge that the luggage was sent from Barrakpore only on 10.06.2013 whereas the materials were delivered on 15.06.2013 at Shangumugham near airport instead of delivering at Akkulam.  This act of the opposite party had caused further hardship to the complaint that he had to arrange manpower and vehicle for bringing the luggage to his place of residence with his additional expenditure.  Though a contact number of one Mr. Nair at Trivandrum was given, whereas, he has not taken any responsibility.  The opposite party had agreed to deliver the consignment at a proper destination of the complainant’s place of work in a stipulated time.  Whereas neither the consignment reached within the period nor delivered within the specified time or in a reasonable period, which was not even explained by the opposite party.  In these circumstances complainant caused a lawyer’s notice.  The complainant and his family had to suffer untold hardships due to the act and omission of the opposite party and are liable to compensate the complainant for all his loss and sufferings. Complainant filed this petition seeking compensation for the deficiency in service and unfair trade practice from the part of the opposite party.  Notice was sent from this Forum to the opposite party and they refused to accept the same.  So we proceeded exparte. 

Complainant filed affidavit along with 5 documents which were marked as Exts. P1 to P5.  Contents in the affidavit stands uncontroverted. 

The main allegation in the complaint against opposite party is of unfair trade practice and deficiency in service.  Opposite party neither cared to defend the complaint also.  So only option available with us is to go with the complaint.  Complainant claims Rs. 1 lakh as compensation for the unfair trade practice and deficiency in service shown by the opposite party.  Considering the evidence put forwarded by the complainant, we are of the considerate view that justice will be met, if we allow Rs. 20,000/- as compensation along with Rs. 1,000/- as cost of the proceedings.  So the complaint is decided accordingly. 

In the result, complaint is allowed.  Opposite party is directed to pay the complainant Rs. 20,000/- as compensation along with Rs. 1,000/- as cost within a month of receipt of this order.  After this period Rs. 20,000/- will carry interest at the rate of 9% till the date of realization.       

 

 

 

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room. 

          Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 28^th day of February 2014.

 

 

 

Sd/-

LIJU B. NAIR                : MEMBER

 

                                                                   Sd/-

G. SIVAPRASAD                   : PRESIDENT

 

Sd/-

R. SATHI                      : MEMBER

 

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C.C. No. 359/2013

APPENDIX

 

  I      COMPLAINANT’S WITNESS:

                             NIL

 II      COMPLAINANT’S DOCUMENTS:

P1     - Copy of receipt No. 1644 dated 01.05.2013

P2     - Copy of consignee copy No. 912 dated 01.05.2013

P3     - Copy of advocate notice dated 24.06.2013.

P4     - Postal receipt

P5     - Acknowledgement card

 

III      OPPOSITE PARTY’S WITNESS:

                             NIL

 IV     OPPOSITE PARTY’S DOCUMENTS:

                             NIL  

 

 

                                                                                                           Sd/-

PRESIDENT

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