Haryana

Ambala

CC/108/2017

G.B. Brothers - Complainant(s)

Versus

Atul Goods Carriers - Opp.Party(s)

H.S.Maan

27 Apr 2018

ORDER

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

                                                          Complaint case no.          : 108 of 2017

                                                          Date of Institution          :  17.04.2017

                                                          Date of decision     :  27.04.2018

 

 

G.B.Brothers through its Proprietor Shri Jagdeep Singh son of Shri Karnail Singh, Prem Nagar, Ambala City.

……. Complainant.

Vs.

 

Atul Goods Carriers through its authorized Signatory, 96, Friends Co-operative Society Kuldeep Nagar, Nanhera Road, Ambala Cantt-133004.

 

 ….….Opposite Parties.

 

Before:        Sh. D.N. Arora, President.

                   Sh. Pushpender  Kumar, Member.               

                   Ms. Anamika Gupta, Member.

 

 

Present:       Sh. H.S.Maan, counsel for the complainant.

                   Sh. Ravinder Goel, counsel for OP.

 

ORDER:

In nutshell, brief facts of the present complaint is that the OP is running his business of transport under the name and style of Atul Goods Carriers at Nanehra Road, Ambala Cantt. The complainant had purchased some items from Ess Gee Trading  Pvt Ltd. # 207, Sector-17, Footwear Park, Industrial Area, Bahadurgarh, vide bill dated 27.09.2016 and 30.09.2016. Some of the items  mentioned in the said bills and one item, even not mentioned in the bill, were out of order, so the complainant  had to return those items  to Ess Gee Trading Pvt Ltd. The complainant  prepared a debit note dated 06.10.2016 in the name of Ess Gee Trading Pvt Ltd. regarding return  of the said items and also mentioned the said items in debit note, for a total amount of Rs. 21,699/-. The complainant  had given  the said items to the OP for sending back the same to Ess Gee Trading Pvt Ltd. and the OP collect the said items  from the complainant  at his collection point 25, Shiv Transport Nagar, Chandigarh Road, Ambala City and issued a bility  bearing G.R.No.663459 and Inv. No. 48 dated 7.10.2016.The complainant requested the OP to supply  the items at its destination place or to return the value of eh items but the OP has been putting off  him by one way or the other.  Till date, the aforesaid items send by the complainant have not been supplied at its destination by the OP and due to non-supply of said items at its destination place, the complainant has suffered a great mental pain harassment and agony & financial loss. Hence the  present complaint. The complainant has issued a legal notice dated 23.03.2017 upon the OP. 

2.                Upon notice, OP appeared through counsel and tendered written statement raising preliminary objections qua complaint is not maintainable. On merits, OP stated that it is incorrect that the complainant  to return  the out of order items had prepared debit note dated 06.10.2016 in the name of Ess Gee Trading Pvt. Ltd of the total amount of Rs. 21,699/-. He also stated that the OP in good faith in routine had issued billity bearing G.R.No.663459 and Inv no.48 dt. 07.10.2016 as required by the complainant for which only a sum of Rs. 250/- were to be paid as freight charges to the OP. The goods were duly delivered to the consignee on 10.10.2016 in  good faith. Thus, there is no deficiency in service on the part of the OP and prayed for dismissal  of the present complaint.

3.               To prove his version complainant tendered affidavit as Annexure C-X with documents as annexure C-1 to C-6 and close his evidence. On the other hand counsel for  the OP tendered affidavit as Annexure R-A with and close their  evidence

 

4.                We have heard learned counsels for both the parties and carefully gone through the case file. It is not disputed that the complainant has sent the some items to the Ess Gee Pvt. Ltd. through OP i.e. Atul Goods Carrier vide Annexure C-1 dated 07.10.2016 and clearly mentioned the value of the goods amounting Rs.21699/-. The complainant has also proved the details of the articles which were sent through OP vide Annexure C-2 dated 06.10.2016. The defence of the OP is that they have delivered the goods to the consignee in good-faith without taking any receipt. OP has failed to prove their pleading as consignee has categorically denied that the facts of the delivery of goods to them. They have issued the certificate dated 20.04.2018 to the effect that non receiving of the goods from the OP worth Rs.21,699/-. The contention of the OP that Section 10 of the Carriage by Road Act 2007 apply in the present case does not seem to be valid as the said Section deal with the goods if same either loss or damage to any consignment whereas in this case the stand of the OP is that they have delivered the goods but they have failed to prove the same. Hence, the OP is deficient in service not to deliver the goods to the consignee and present complaint is allowed with cost and the complainant is entitled the value of the goods amounting Rs.21,699/- as mentioned in the receipt issued by the OP to the complainant @9% interest from the date of the booking of the goods i.e. 07.10.2016 till its realization with cost of Rs.3,000/-. Copy of this order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

Announced on : 27.04.2018

                    

 

 (PUSHPENDER KUMAR)       (ANAMIKA  GUPTA)          (D.N. ARORA)

Member                          Member                                 President