Haryana

Bhiwani

CC/177/2022

Pawan - Complainant(s)

Versus

Dinesh - Opp.Party(s)

in person

27 Jul 2023

ORDER

  BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

 

CONSUMER COMPLAINT NO.177 of 2022

                                                        DATE OF INSTITUTION: -  31.08.2022

                                                        DATE OF ORDER:           27.07.2023

 

 

Pawan son of Sh. Vijay Singh Prop. Striker Sports Wear, Shanti Nagar, Gali No.11, Bhiwani Mobile no.7015688700/8930994646.

                                          …………… Complainant

 

VERSUS

 

 

1. Dinesh Goods Transport, Circular Road Near Hanuman Gate and Virbhan Transport Bhiwani Mobile no.931560476.

 

1. Suresh Kumar Bhagya Laxmi Traders, M.P. Gali Near Metro Hotel Village Dhegana District Nagor (Rajasthan) Mobile no. 8619449696, 9829432137.

 

                                                                         ………….. Opposite Parties.

 

 

COMPLAINT U/S 35 OF CONSUMER PROECTION ACT,2019.

 

 

BEFORE :-       Ms. Saroj Bala Bohra, Presiding Member

                          Sh. D.M.Yadav, Member    

 

Present:-        Complainant in person.

 OP no. 1 exparte.

 OP no. 2 given up vide order dated 31.03.2023.

 

ORDER:-

 

Saroj Bala Bohra, Presiding Member

 

                     Brief facts of the present complaint are that complainant is Proprietor of Striker Sport Wear, Shanti Nagar, Bhiwani which transports sports goods and clothes.    On dated 25.04.2022, the OP no. 2 had ordered sportswear amounting to Rs.25,872/- and the OP no. 1 had the responsibility of delivering the said items and the complainant loaded the said goods and sent on the same date.  It is alleged that OP no. 2 told the complainant by telephone that the goods have not reached to the address of OP no. 2 and OP no. 2 suffered a lot.  It is further alleged that due to the act of OP no. 1, the  OP no. 2  refused to take goods from the complainant in future.  It is alleged that even after a lapse of 4 months, due to non-receipt of the transported goods, the complainant has suffering a lot because the applicant’s company is not able to get new transport work further.  The complainant has placed on record Annexure C-1 as copy of delivery report amounting to Rs.25872/-  The complainant further alleged that due to the act and conduct of the respondent no. 1, he had to suffer mental agony, physical harassment and financial loss. Hence, it amounts to deficiency in service on the part of respondent no. 1 and as such he had to file the present complaint and it is prayed that the present complaint may kindly be allowed.

1. To pay a sum of Rs.25,872/- as cost of goods.
2. To pay a sum of Rs.50,000/- as compensation to the complainant on account of suffering mental harassment, physical harassment and financial loss.

2.                 None has appeared on behalf of OP no. 1.  Hence, he was proceeded against exparte vide order dated 07.11.2022.   OP no. 2 given up as unnecessary party in the case vide order dated 31.3.2023

3.                Ld. Counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A and documents Annexure C-1 and Annexure C-2 and closed his evidence vide his separate statement dated 04.05.2023.

4.                  We have heard the arguments of complainant and gone through the document Annexure C-1 placed on record by the complainant carefully and minutely.

5.                  We are of the considered view that the complaint of the complainant deserves acceptance, as there is deficiency in service on the part of respondent no.1.  Admittedly, on dated 25.04.2022, the OP no. 2 had ordered sportswear amounting to Rs.25,872/- and the OP no. 1 had the responsibility of delivering the said items and the complainant loaded the said goods and sent on the same date.  It is submitted that OP no. 2 told to the complainant by telephone that the goods have not reached to the address of OP no. 2 and OP no. 2 suffered a lot.    It is further submitted that even after a lapse of 4 months, due to non-reaching of transport, the complainant is suffering a lot because the applicant’s company is not able to get new transport work further.    The complainant placed on record Annexure C-1 as Delivery Report amounting to Rs.25872/-, which shows that the complainant delivered the parcel on dated 25.04.2022. No one has appeared on behalf of OP no. 1 and he was proceeded against exparte vide order dated 07.11.2022.  Hence, there is deficiency in service on the part of OP no. 1.

6.               So in view of these circumstances, the complaint is hereby allowed with costs and the respondent no. 1 is directed: -

1.  To pay Rs.25872/- (Rupees Twenty five thousand eight hundred seventy two only) as cost of goods alongwith interest @ 9% p.a. from the date of filing of the present complaint i.e. 31.8.2022 till its actual realization.
2. To pay a sum of Rs.10,000/- (Rupees ten thousand only) as compensation to the complainant on account of suffering mental harassment, physical harassment and financial loss.
3. To pay a sum of Rs.5500/- (Rupees five thousand five hundred only) as costs of litigation.

                    Order shall be complied within one month from the date of decision.

                  Copy of this order be supplied to both the parties free of costs.  File be consigned to the record room after due compliance.

Announced in open Commission.

Dated: - 27.07.2023

 

 

 (D.M.Yadav)                     (Saroj Bala Bohra)             

   Member.                                Presiding Member,

        District Consumer Disputes                District Consumer Disputes

Redressal Commission, Bhiwani    Redressal Commission, Bhiwani.

 

 

 

 

 

 

 

 

Present:-        Complainant in person.

 OP no. 1 exparte.

 OP no. 2 given up vide order dated 31.03.2023.

 

                  Arguments heard.  Vide separate detailed order of even date, the present complaint stands allowed.  File be consigned to the record room after due compliance.

 

               

Dt:27.07.2023    Member.                   Presiding Member,

                                                        District Consumer Disputes

                                                     Redressal Commission, Bhiwani.