BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.

CONSUMER COMPLAINT NO.338 of 2013

DATE OF INSTITUTION: - 18.06.2013

DATE OF ORDER: -03.04.2017

Ved Narain, Proprietor of M/s B.N. Trading Company, Shop No. 18-19, Rama Complex near SBI, Ghantaghar, Bhiwani.

    ……………Complainant.

VERSUS

The Manager, Aryawart Transport Co. P. Limited, Azad Nagar, Bhiwani.

………….. Opposite Party.

COMPLAINT U/S 12 & 13 OF CONSUMER PROECTION ACT

BEFORE :-  Shri Rajesh Jindal, President

Mrs. Sudesh, Member

Mr. Parmod Kumar, Member

Present: -  Shri S.K. Mehra, Advocate for complainant.

       Shri Suresh Kumar, Advocate, for the OP.

ORDER:-

Rajesh Jindal, President:

                   The  case of the complainant in brief, is that the complainant had ordered to the Proprietor of M/s Aggarwal Medical Hall near Old Sabji Mandi, Jind, who had supplied the same to the complainant but when the said parcels were opened and checked, the medicines supplied by the proprietor were found of expiry dates.  It is alleged that the complainant had returned the same and deposited the same with the OP in four parcels but the same could not be delivered to M/s Aggarwal Medical Hall Jind, till today due to the negligence of the OP.  It is alleged that had requested the OP many times to deliver the said four parcels of the medicines to M/s Aggarwal Medical Hall, Jind but to no avail.   The complainant further alleged that due to the act and conduct of the respondent, he had to suffer mental agony, harassment and humiliation Hence, it amounts to deficiency in service on the part of OP and as such he had to file the present complaint for seeking compensation.

2.                 On appearance, OP filed written statement and took preliminary objections and denied the allegations of the complainant. It is submitted that the said consignment was duly handed over intact to the complainant within the stipulated time and thereafter the OP has no concern with the contents of the consignment or its expiry etc.  It is submitted tht the parcels were never booked by the complainant with the OP so the question of delivery of the same to M/s Aggarwal Medical Hall, Jind do not arise.  Hence, in view of the facts and circumstances mentioned above, there is no deficiency in service on the part of OP and complaint of the complainant is liable to be dismissed with costs.

3.                In order to make out his case, the complainant has placed on record documents Annexure 1 to Annexure 8.

4.                 We have gone through the record of the case carefully and have heard the learned counsels for the parties.

5.                 Learned counsel for the complainant reiterated the contents of the complaint. He submitted that the complainant had booked the consignment of expired medicines to return the same to the supplier of the said medicines at Jind vide consignment No. 64675 dated 11.02.2010.  He further submitted that the said consignment was not delivered to the consignment at Jind and has prayed for the compensation. 

6.                Learned counsel for the opposite party reiterated the contents of reply.  He submitted that the alleged consignment was never booked by the complainant with OP.  The complainant has not produced any receipt regarding booking of the alleged consignment through OP.  The complaint of the complainant is time barred.  The complaint of the case is false and baseless and liable to be dismissed with special costs.

7.                We have perused the record carefully.  Admittedly, the complainant has not produced any receipt for the booking of the consignment through OP as alleged by him in the complaint.  As per the allegations of the complainant, the alleged consignment was booked by the complainant through OP on 11.02.2010, but the present complaint has been filed by the complainant on 18.06.2013 beyond the prescribed period of limitation of 2 years under Section 24 (a) of the Consumer Protection Act 1996.  No application for condonation of delay has been filed by the complainant with the complaint.  Moreover, the booking of consignment for the commercial purpose.  Keeping in view the facts and circumstances of the case, we do not find any substance in the complaint of the complainant.  The complaint of the complainant is dismissed being devoid of merits.  No order as to costs. Certified copies of the order be sent to the parties free of costs.  File be consigned to the record room, after due compliance.

Announced in open Forum.

Dated: 03-04-2017.                                                

      (Rajesh Jindal)

                                                                             President,   

                                                                   District Consumer Disputes

                                                                   Redressal Forum, Bhiwani.

(Parmod Kumar)         (Sudesh)                   

     Member.                Member