Haryana

Bhiwani

CC/71/2017

Harish Parkash - Complainant(s)

Versus

Dost Road Carrier. - Opp.Party(s)

k.r Sangwan

20 Oct 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSASL COMMISSION, BHIWANI.

                                                                Complaint Case No. : 71 of 2017

                                                                Date of Institution    : 04.05.2017

                                                                Date of decision:      : 20.10.2023

 

Harish Parkash Hinunia son of Sh. Chaturbhuj Hinunia, R/o H.No.1229/13, Subhash Nagar, Khanpura Road, Ajmer (Rajasthan), present serving as an Assistant General Manager, Food Corporation of India, Coimbatore (Tamilnadu).

                                        ...Complainant. 

 

                                                    Versus.

1. Dost Road Carrier, G.T. Road, Hisar Bye-pass, TCP No.1, Military Camp, Hisar through its Proprietor.

 

2. Manoj Kumar son of Ram Chander R/o village Nandha (driver of container No.HR-61C-7330) through  Dost Road Carrier, G.T. Road, Hisar Bye-Pass, TCP No.1, Military Camp, Hisar.

 

3. Kuldeep Sangwan R/o village Shiswala (owner of container No.HR-61C-7330) through  Dost Road Carrier, G.T. Road, Hisar Bye-Pass, TCP No.1, Military Camp, Hisar.

 

...Opposite parties.

 

COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT, 1986.

Before: -      Hon’ble Mrs. Saroj Bala Bohra, Presiding Member.

                    Hon’ble Ms. Shashi Kiran Panwar, Member.

Present:        Sh. Amit Kumar Buwaniwal, Advocate for complainant.

                    OPs exparte.

 

                                                  ORDER

 

SMT. SAROJ BALA, PRESIDING MEMBER:

1.                 Brief facts of the case present complaint are that in the year 2016, complainant was serving as Assistant General Manager, Food Corporation of India, Hansi, District Hisar; that he was transferred from Hansi to Coimbatore; that for the carrying his household articles, complainant approached Op No.1 and paid Rs.1,31,000/- vide bill no.225 coupled with builty/booking bill no.13826 dated 10.03.2016; that the household articles of complainant was loaded in truck/container bearing regn. No.HR-61C-7330; that when the truck reached near village Badhwana then due to defect, it caught fire and all the loaded household goods/articles ruined which was distinguished by Fire-Brigade. Police Rapat No.6 dated 13.03.2016 in this regard was registered  at P.S. Adampur Dadhi, District Bhiwani; that complainant alleged that he got loss of Rs.6.00 lac due to negligent services of OPs.  Legal notice was issued to OPs but of no avail. Hence, the present complaint has been preferred by complainant seeking directions against the OPs to pay Rs.6.00 lacs as loss to household articles, Rs.5.00 lacs as compensation for harassment. Any other relief has also been sought to which this Commission deems fit.

2.                 Notices were issued to the OPs but they did not appear and they were proceeded against exparte vide order dated 13.02.2019.

3.                 Complainant to prove his case has placed on record affidavit Annexure CW1/A alongwith documents Annexure C-1 to Annexure C-13 and then closed the exparte evidence.

4.                 Annexure C-1 is the list of house hold articles, Annexure C-2 is the receipt dated 10.03.2016 of Rs.1,31,000/- issued by Op No.1, Annexure C-3 is a document issued by OP No.1 qua fair of the truck from Hansi to Coimbatore, Annexure C-4  is copy of builty issued by OP No.1 for the destination. Annexure C-5 is copy of DDR No.6 dated 13.03.2016 at P.S. Adampur Dadhi, District Bhiwani qua the alleged incident, Annexure C-6 is an application addressed to the concerned police post by complainant, Annexure C-7 is legal notice and Annexure C-8 to Annexure C-13 are postal receipts.

5.                 We have heard learned counsel for the complainant and perused the record very carefully.  From the record, it emerges that the goods were transported from Hansi to Coimbatore on 10.03.2016 as is clear from (Annexure C-4) and the incident took place on 13.03.2016, this fact is also clear from DDR (Annexure C-5). The complainant has suffered loss of Rs.6.00 lacs to his household goods is mentioned in list Annexure C-1 which corroborates with DDR got written by the driver-OP No.2 at concerned police station. By issuing legal notice to the OPs, complainant has made request to compensate him for the alleged loss but they did not pay any heed to his genuine grievance. It is pertinent to mention here that the OPs were bound to render proper services to the complainant but they failed. However, no liability can be attributed against the driver-OP No.2 as he has no fault in the incident rather he has performed his duty best to inform the police qua the incident. Accordingly, the Ops No.1 & 3 are liable to compensate the complainant for the alleged loss.

6.                 In view the above, we have come to the conclusion that the OPs No.1 & 3 were deficient and negligent in performing proper services to the complainant which amounts to deficiency in service. Hence, the present complaint is allowed and OPs No.1 & 3 jointly and severally are directed to comply following directions within fourty days from the date of this order:-

(i)       To pay a refund of Rs.1,31,000/- (Rs. One lac thirty one thousand) to the complainant alongwith simple interest @ 9% per annum from the date of institution of this complaint to till its actual realization

(ii)      Also to pay a sum of Rs.10,000/- (Rs.Ten thousand) on account of household goods loss as well as harassment.

(iii)     Also to pay a sum of Rs.5500/- (Rs. Five thousand five hundred) on account of litigation expenses.

                    Further the award in question/directions issued above must be complied with by the OPs No.1 & 3 within the stipulated period failing which all the awarded amounts  shall further attract simple interest @ 12% per annum for the period of default.  Copies of this order be sent to the parties concerned, free of costs.  File be consigned to the record room after due compliance. 

Announced.

Dated:20.10.2023.

 

                              (Shashi Kiran Panwar)              (Saroj Bala Bohra)       

                                                   Member                 Presiding Member

District Consumer

Disputes Redressal

Commission, Bhiwani.