DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,<br /> BATHINDA (PUNJAB)<br /> <br /> CC. No. 293 of 14-10-2009<br /> Decided on : 19-01-2010 <br /> <br /> M/s. Ambika Enterprises, 5474, The Mall, Bathinda, through its Partner Avinash Chander and Ramandeep Singh S/o Sh. Ranjit Singh.<br /> <br /> .... Complainant<br /> Versus<br /> <br /> Delhi Rajasthan Transport Co. Ltd., Mall Road, Birla Mill Street, Near Dainik Jagran Office, Bathinda through its Prop./Partner<br /> <br /> ... Opposite party<br /> <br /> Complaint under Section 12 of the Consumer Protection<br /> Act, 1986.<br /> <br /> QUORUM <br /> <br /> Ms. Vikramjit Kaur Soni, President<br /> Dr. Phulinder Preet, Member<br /> Sh. Amarjeet Paul, Member<br /> <br /> For the Complainant : Sh. Rajdeep Goyal, counsel the complainant <br /> For the Opposite party : Sh. Naresh Garg,<br /> counsel for the opposite party <br /> <br /> O R D E R<br /> <br /> VIKRAMJIT KAUR SONI, PRESIDENT<br /> <br /> 1. In brief, the case of the complainant is that complainant purchased Red Large Poly Bags and Small Poly Bags of Raymond from M/s. Dynaflex Pvt. Ltd. Kadarji Branch and booked the said parcels having total value of Rs. 23,610/- through the transport of opposite party for delivery at Bathinda vide consignment note No. 276130 dated 14-10-2008 on payment of necessary charges of Rs. 560/-. The said parcels were neither delivered to the complainant nor returned to the company i.e. Dynaflex Pvt. Ltd., The complainant got issued legal notice dated 05-03-09 and called upon the opposite party to deliver the aforesaid parcels to the complainant or to make the payment of value of the parcels i.e. Rs. 23,610/-. The opposite party replied to the notice stating therein that the parcels have been lying undelivered in their office since 18-10-2008, but no one ever approached the opposite party for delivery of the same. The complainant approached the opposite party but it refused to deliver the parcels rather demanded huge amount on account of freight and other expenses. The said polybags were purchased by the complainant to provide the same to its customers on the occasion of Diwali Festival, but due to negligence of the opposite party, the complainant could not provide aforesaid bags to its customers. Hence, this complaint for issuing directions to the opposite party to refund the amount of Rs. 23,610/- to the complainant and pay compensation of Rs. 50,000/- besides costs.<br /> 2. The opposite party filed reply taking legal objections that complaint is not maintainable; it is bad for non-joinder of necessary party; complainant has not come before this Forum with clean hands; it is not consumer; complaint does not fall under the provision of Consumer Protection Act, 1986 and the opposite party did not charge any amount from the complainant. On merits, it has been admitted that the consignment was booked with Delhi Rajasthan Transport Company Limited. The payment if any, was paid by the complainant at Halol and nothing has been paid to the opposite party till date. The said consignment reached Sri Ganga Nagar on 17-10-2009 and the same reached in the godown of the opposite party on 18-10-2008. It is the duty of the consignee to take the delivery from the godown of the opposite party after paying Bilty charges worth Rs. 25/- and labour charges to the tune of Rs. 25/-.. It has been submitted that complainant never approached the opposite party for taking delivery of the goods. It has been pleaded that it is still ready and willing to release the consignment after surrendering the original consignee copy and payment of above said charges of Rs. 50/-.<br /> 3. Parties have led evidence besides filing affidavits in support of their respective pleadings. <br /> 4. We have heard learned counsel for the parties and have gone through the entire record of the case.<br /> 5. A perusal of the record reveals that the complainant got booked parcels containing polybags on 14-10-2008 as per Ex. C-4, for their delivery at Bathinda. Since the parcels in question were not received by the complainant at Bathinda, even after awaiting for sufficient long period, he served a legal notice dated 05-03-2009 Ex. C-5 on the opposite party which was duly replied to by it vide Ex. C-5, stating therein that the parcels had been lying with it undelivered since 18-10-2009 but till date nobody had approached it for taking delivery. It is a question of common sense that if a person has booked any consignment, he will certainly take care of its delivery. The opposite party did not send any notice to the complainant to receive the consignment in question at any stage. Had the consignment been really received by it, the opposite party was duty bound to inform the complainant regarding this fact. Since no such intimation was sent orally or in writing, the inference must be that the consignment was not received by it as has been pleaded in the written reply. The complainant needed the bags for distribution to its clients on the occasion of Diwali. Therefore, his plea that he had repeatedly approached opposite party for delivery of the polybags must be accepted to be true. Therefore, plea of the opposite party that no one approached it for taking delivery of the parcels, is not tenable.<br /> 6. It appears that parcels had not reached at its destination i.e. Bathinda, well in time and had reached after much delay and the complainant had not taken delivery for the reasons mentioned in the complaint. Therefore, this Forum is of the view that the opposite party is deficient in providing service to the complainant. Hence, this complaint is accepted and the opposite party is directed to deliver the said consignment/parcels to the complainant within 7 days without any charges. The opposite party is further directed to pay to complainant Rs. 12,000/- as compensation for mental tension and harassment besides litigation expenses to the tune of Rs. 3,000/-.<br /> The compliance of this order be made within 30 days from the date of receipt of copy of this order.<br /> Copy of this order be sent to the parties concerned free of cost and the file be consigned to record room.<br /> Pronounced :<br /> 19-01-2010 <br /> (Vikramjit Kaur Soni)<br /> President<br /> <br /> <br /> (Dr. Phulinder Preet)<br /> Member <br /> <br /> <br /> (Amarjeet Paul)<br /> Member <br /> *ik