DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

Dr. Swapan Kumar Chakrabarti, House No.81, The High Land Society, Baltana, P.O. Zirakpur, District Mohali.

                                      ---Complainant.

Versus

Garg Domestic & International Packers & Movers, 168/3, P.W.T., Mani Majra, Chandigarh through is proprietors Sh. Rishi Pal Garg & Vikas Garg.

---Opposite Party.

BEFORE:  SHRI LAKSHMAN SHARMA                 PRESIDENT

                   SMT. MADHU MUTNEJA                       MEMBER

                   SHRI JASWINDER SINGH SIDHU       MEMBER

Argued by:  Sh. Gaurav Bhardwaj, Counsel for the complainant

                        OP already exparte.

PER LAKSHMAN SHARMA, PRESIDENT

1.                           Dr. Swapan Kumar Chakrabarti has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as the Act only) praying for the following reliefs :-

i)                   to pay Rs.7,02,139/- as per the surveyor report for the loss of the house hold goods;

ii)                to pay Rs.5,00,000/- as compensation for loss of intellectual property

iii)              to pay Rs.5,00,000/- as compensation for deficiency in service

iv)              to pay Rs.55,000/- as litigation expenses

2.                           In brief, the case of the complainant is that after retiring as Deputy Director, Thapar Centre for Industrial Research and Development, Yamuna Nagar on 31.3.2012, he planned to settle in Bangalore.  He availed the services of the opposite party for shifting his household goods and a car. 

                   According to the complainant, the goods were booked by the opposite party on 29.4.2012 for safe transportation to Bangalore.  The total amount to be paid was Rs.59,000/- out which he paid Rs.47,000/- and the balance Rs.12,000/- was to be paid at Bangalore.  Unfortunately on the intervening night of 2.5.2012 and 3.5.2012 the truck number HR-67A-2479 carrying the goods of the complainant caught fire at Panipat which was controlled after great effort.  The driver lodged F.I.R. dated 3.5.2012 with Police Station, Model Town, Panipat.   The complainant also lodged F.I.R. No.332 dated 5.5.2012.  He also supplied a list of the items to the opposite party. 

                   It has been averred that when the complainant read the consignment note to lodge the claim, he found that no policy No. was mentioned.  He requested the opposite party to provide the name & address of the insurance company as well as the policy no. so that the claim could be lodged but the opposite party failed to do so.  In such circumstances, the complainant availed the services of a duly qualified surveyor and loss assessor who vide his report assessed the loss to the tune of Rs.7,02,139/-.  It has been averred that the act and conduct of the opposite party amounted to deficiency in service.

                   In these circumstances the present complaint has been filed seeking the reliefs mentioned above.

3.                           Notice sent for the service of the opposite party was received back with the report of refusal. 

4.                           None appeared on behalf of the opposite party.  Since refusal is good service and none appeared on behalf of the opposite party, therefore, it was proceeded against exparte.                                                                                                                                                                                                                                                                                                                                                                                                 

5.                           We have heard the learned counsel for the complainant and have gone through the documents on record.

6.                           Annexure C-1 is the bill for Rs.59,000/- for transportation of household goods and an old i10 car.  Out of this amount, Rs.47,000/- was paid by the complainant and the remaining amount of Rs.12,000/- was to be paid at Bangalore.  Annexure C-2 is the consignment note vide which the complainant sent the goods mentioned therein for transportation to Bangalore.  This document shows that the consignment was insured but the complete name and address of the company is not mentioned. Even the column meant for policy No. is left blank.  It has been contended that the truck (No.HR 67A 2479) carrying the goods caught fire at Panipat and the flames were controlled after great effort.  It has further been contended that the complainant lodged an F.I.R. (No.332 dated 5.5.2012 under section 420/406/427).  According to the complainant, the goods were duly insured but when he checked the consignment note he found that the name & address of the insurance company was not clearly mentioned and the column left for policy No. was left blank and the opposite party even failed to provide the same.  According to the ld. Counsel in such circumstances the complainant got the loss assessed through Sh. Surender K. Singla, surveyor and loss assessor who, vide his report dated 28.5.2012 (C-11), assessed the net loss at Rs.7,02,139/-.  In support of his contentions the complainant has also placed on record his duly sworn affidavit.

7.                           The opposite party did not appear to controvert the averments of the complainants. Hence the stand of the complainant goes unrebutted.  Hence the opposite party is proved to be deficient in service.

8.                           In view of the above discussion, the present complaint is allowed and the opposite party is directed as under :-

(i)                to pay the amount of Rs.7,02,139/- as assessed by the surveyor in his report (C-11)

(ii)             To pay Rs.50,000/- as compensation for mental agony and harassment.

(iii)           To pay Rs.7,000/- as litigation expenses

9.                           This order be complied with by the opposite party, within 45 days from the date of receipt of its certified copy, failing which the amounts at Sr.No.(i) & (ii) shall carry interest @18% per annum from the date of this order till actual payment, besides payment of litigation costs.

10.                       Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

18.12.2012.

Sd/-

(LAKSHMAN SHARMA)

PRESIDENT

Sd/-

 (MADHU MUTNEJA)

MEMBER

Sd/-

(JASWINDER SINGH SIDHU)

MEMBER