Haryana

Ambala

CC/11/2020

Ganesh Kumar - Complainant(s)

Versus

Bakshi Transport Co - Opp.Party(s)

09 Mar 2021

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

 

                                                          Complaint case No.:  11 of 2020.

                                                          Date of Institution            :  07.01.2020.

                                                          Date of decision    :  09.03.2021

 

Ganesh Kumar CPL C/o Air Force Station Tanjavur Tamilnadu.

                                                                                       …. Complainant.                                                   Versus

Bakshi Transport Company through its prop.B.C.Bazaro, Near Fire Brigade Station Balmiki Basti Jagadhari Road, Ambala Cantt.

               ..…. Opposite Party.

         

Before:        Smt. Neena Sandhu, President.

                   Smt. Ruby Sharma, Member

                   Shri Vinod Kumar Sharma, Member.         

                                               

Present:       Shri Pardeep Batra, Advocate, counsel for the complainant.

OP already ex-parte vide order dated 24.02.2020.

 

ORDER:     SH. VINOD KUMAR SHARMA, MEMBER.

 

Complainant has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) against the Opposite Party (hereinafter referred to as ‘OP’), praying for issuance of following directions to it:-

1. To pay Rs.10,00,000/- as price of the luggage.
2. To pay Rs.2,00,000/- as compensation for mental agony and physical harassment suffered by the complainant.
3. To pay Rs.20,000/- as litigation expenses.

 

                   In nutshell, the brief facts of the present complaint is serving in Indian Air Force and was posted in the Air Force Station Rajpura and was transferred in the month of May 2019 to Tanjavur. Due to the transfer of complainant, he booked his house hold luggage for transportation from Rajpura to Tanjavur through the transport company of OP vide bill/consignment No.G.R.No.887, dated 23.05.2019, Truck No.HR-67C-7555. The luggage did not reach the address of the complainant and he called upon the OP on 02.06.2019 regarding the non delivery of luggage and the OP assured him that the luggage would be delivered at the destination of the complainant in a day or two. On 06.06.2019, he came to know through a toll free call number that the whole luggage of the complainant has been burnt as the Godown of the Patel transport caught fire. Thereafter, he enquired from the OP and the OP confirmed that whole luggage of the complainant is destroyed. He handed over the luggage to the OP on the assurance of the OP that the OP would itself transport the luggage. The OP handed over the luggage of the complainant to the Patel transport without the instructions or the information of the complainant. Thereafter, the OP transfered Rs.20,000/- in the account of complainant as immediate relief and thereafter nothing was done in this direction inspite of the repeated request and representation of the complainant. The house hold luggage of the complainant contained 42 items worth Rs.10,00,000/- and the OP charged from the complainant Rs.44,100/- as transportation fees vide receipt No.887 dated 23.05.2019. The OP failed to provide proper services to the complainant; therefore, he is deficient in providing the services. Hence, the present complaint.

2.                Upon notice, none has appeared on behalf of the OP before this Commission, therefore, he is proceeded against ex-parte vide order dated 24.02.2020.

3.                The complainant tendered affidavit of the complainant as Annexure CA alongwith documents as Annexure C-1 & C-7 and closed his evidence.

4.                We have heard the learned counsel for the complainant and carefully gone through the case file.

5.                Learned counsel for the complainant has argued that due to the transfer of complainant, he booked his house hold luggage for transportation from Rajpura to Tanjavur through the transport company of OP. The averments made in complaint regarding the whole luggage of the complainant has been burnt by the OP, has been corroborated with the evidence. During the course of arguments, the counsel for the complainant submitted that the total cost of articles of the complainant is worked out Rs.9,72,000/-. Learned counsel for the complainant has also placed on record the luggage details receipts (Annexure C-1 & C-2), house hold goods packing list (Annexure C-3), authorisation certificate of N.P. (Goods) (Annexure C-4) in his evidence. However, none on behalf of the OP has come to contest the complaint. In this case, OP was proceeded against ex-parte, therefore, the contents enumerated in the complaint remains un-rebutted. Thus, we have no other option, except to believe the version as well as documents submitted by the complainant, which are duly supported by his affidavit. We do not agree with the contention of the counsel for the complainant with regard to the total value of Rs.9,72,000/- of the house hold goods as the complainant has not attached the bills of articles, which were stated to be brunt due to fire. From the perusal of the documents (Annexure C-1 to C-3), it is established that the complainant booked the house hold goods through the OP for transportation from Rajpura to Tanjavur. In our view that the total value of the house hold goods of the complainant is not more than Rs.1,50,000/-. The OP is also liable to compensate the complainant for the mental agony and physical harassment suffered by him alongwith litigation charges.

6.                     In view of the aforesaid discussion, we hereby allow the present complaint and direct the OP in the following manner:-

1. To pay Rs.24,100/- (Rs.44,100/- - Rs.20,000/- already paid) to the complainant paid on account of transportation charges along with interest @ 5% per annum from the date of filing of the complaint i.e 07.01.2020, beside this the OP shall pay to the complainant an amount of Rs.1,50,000/- on account of house hold goods.
2. To pay Rs.3,000/- as compensation for mental agony and physical harassment suffered by the complainant.
3. To pay Rs.2,000/- as litigation expenses.

 

                   The OP is further directed to comply with the aforesaid directions within the period of 45 days from the date of receipt of the certified copy of this order, failing which, the awarded amount shall carry interest @ 7% per annum for the period of default. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

Announced on :09.03.2021

 

 

 

(Vinod Kumar Sharma)      (Ruby Sharma)           (Neena Sandhu)

Member.                                   Member.                  President