This an application u/s 12 of the C.P. Act 1986.  Complainant by filing this complaint has stated that on 17.04.2014 he sent his household items vide Gati-KWE docket No. 412731733 containing (a) steel box- 02, (b) wooden box -01, (c) plastic drum – 01, baby cycle – 01from Mumbai to Kolkata through the ops. carrier transportation.  It is stated by the complainant that on 25.04.2014 while he had received the items he found in damaged condition with all the boxes and also the baby cycle one of the item was in broken condition.

          The specific case of the complainant is that on receiving the damaged/broken goods/article he immediately contacted Mumbai Gati-KWE office of the op and took up the matter with Mr. Vinod Dubey, conveyed him in details who suggested him to contact Kolkata Gati-KWE office of the op namely Ms. Papiya Ghosh who otherwise not responded properly, so, he detained the delivery vehicle, but after intimation to the ops, who sent a survey person namely Ranjit Sarkar to assess the damaged goods and the amount of the damaged items justified by him amounting to Rs. 11,300/- and then was assured by the ops to process the claim with him in a proper way by 29.04.2014.

          Having no response from the side of ops, the complainant contacted them at their Kolkata and Mumbai office to look into the matter and to payhim compensation as early as possible.  But every time they kept their silence and ultimately on 07.05.2014 the complainant sent a written notice to the op, Gati-KWE Kolkata office for providing a compensation of the damage by them.  Since no action was initiated on the part of the op (Kolkata office), he, the complainant went to Mumbai at the office of the op and met Mr. Vinod Dubey and Mrs. Mithu Chakraborty, Branch Manager, of Mumbai Gati-KWE and discussed the same issue but all in vain.  So, he again sent a written notice on 24.05.2014 addressed to the ops Mumbai office asking to resolve the issue by discussing with their Kolkata Office without delay to ascertain the cost of damage and to pay the compensation to him.

          It is also stated by the complainant that inspite of being agreed to pay the compensation by the ops namely Mr. Pandey at Kolkata office of Gati-KWE vide its letter on 04.07.2014, ultimately they disagreed and turned down the claim of the complainant.  Hence, this case.

          Fact remains, the complainant took all initiatives for serving the notices upon the ops and ultimately considering the entire records, it appears that notice was duly served upon the ops what is apparent from the postal internet status report as filed by the complainant which is within the record.  But anyhow even after receipt of the said notice of the case, the ops did not turn up.

          Since the ops did not appear to defend the allegation of the complainant, ultimately for its nonappearance before the Ld. Forum to contest, the case is heard exparte.

Decision with reasons

          On an in depth study of the complaint and on evaluation of the material documents as filed by the complainant, it is unchallenged fact that the complainant sent household items vide Gati-KWE docket No. 412731733 dated 17.04.2014 through the ops transport and were packed in the following mentioned boxes (a) steel box- 02, (b) wooden box -01, (c) plastic drum – 01, baby cycle – 01.

          The above goods/articles were booked from Mumbai to Kolkata through the ops/Gati-KWE Pvt. Ltd., but it is alleged by the complainant that while he was taking delivery of the household goods, on 25.04.2014 from the ops.s vehicle, it was found that all the boxes were in damaged condition.   The main grievance of the complainant is that he visited the ops., Zonal office at Kolkata and Mumbai office and took up the matter with them while he was assured by them that his claim for the damages would be processed as per the survey conducted by their employee and the amount of the damaged items were estimated amounting to Rs. 11,200/- to be settled by them in due course of time and accordingly a letter dated 25.04.2014 was issued from the office of the ops, acknowledging the claim of damaged household goods of the complainant.  But ultimately, the ops disregarded the claim of the complainant even after having the survey report by their own employee who assessed the claim of damaged household goods amounting to Rs. 11,200/-.  Due to such reluctant attitude from the side of the ops, the complainant sent written notice dated 07.05.2014 and again on 24.05.2014 to the ops, but all in vain.

          We have heard the complainant and perused the documents on records and documents which support the case of the complainant.

          On careful consideration of the material evidence placed by the complainant, we are of the view that since the case of the complainant is not challenged by the ops, so there is no reason to disbelieve the unchallenged testimony supported by documentary evidence of the complainant.

          Thus, we are of the view that the complainant definitely have been harassed due to irresponsible act of the ops/Gati-KWE Pvt. Ltd. who failed to handover/deliver the household goods in tact condition with due care without any damage which was sent through their transport from Mumbai to Kolkata for delivery to the addressee in Kolkata in spite of best assurances of all care to be taken by the ops.

          Such an act of failure on the part of the ops Gati-KWE Pvt. Ltd. to deliver the goods/material to the addressee caused deficiency and unfair trade practice which falls u/s 2(I)(g) and (r) of the C.P. Act 1986 and so the ops are liable to pay the loss of the complainant for such damage of goods along with litigation cost and compensation for deficiency and unfair trade practices on their part.

          In the result, the case succeeds.

         Hence, it is

ORDERED

          That the case be and the same is allowed exparte against the ops with a litigation cost of Rs. 10,000/- only.

          The ops are hereby directed to pay compensation for such damaged goods to the complainant amounting to Rs. 40,000/- causing harassment and mental pain and agony within 30 days of this order.

          If the ops fail to comply the above order of this Forum within stipulated period as per spirit of this order, in that case, for each day.s delay punitive damages  at the rate Rs. 100/- per day shall be charged and assessed against the ops till full satisfaction of the decree and if the amount is collected, the same shall be deposited to this Forum even if the ops willfully neglect to comply, penal action/proceedings shall be initiated u/s 27 of C.P. Act 1986.

          Complainant to send the copy of the judgement to the ops at once for compliance.