DISTRICT CONSUMER DISPUTES REDRESSSAL FORUM

WEST TRIPURA : AGARTALA

 

CASE NO:  CC-   54  of   2017

 

Sri Prathamalok Debnath,

S/O- Sri Plaban Kumar Debnath,

North Banamalipur, Agartala,

West Tripura. …..….…...Complainant.

 

          VERSUS

 

     1. Gati-Kintetsu Express Pvt. Ltd.,

Plot No.20, Survey No.12,

Kothagudu, Kondapur,

Hyderabad- 500084,

Talangana, India.

 

     2. Chairman, Gati-Kintesu Express Pvt. Ltd.,

Plot No.20, Survey No.12,

Kothagudu, Kondapur, 

Hyderabad -500 084,

Talangana, India.

 

     3. Gati KWE,

In Charge of Agartala Branch/Office,

Pragati Road, Opp. Mehar Kali Bari,

Agartala, West Tripura. ..........Opposite parties.

 

 

 __________PRESENT__________

 SRI A. PAL,

PRESIDENT,

  DISTRICT CONSUMER 

 DISPUTES REDRESSAL FORUM,

      WEST TRIPURA, AGARTALA. 

 

SMT. Dr. G. DEBNATH

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

SRI U. DAS

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

C  O  U  N  S  E  L

 

For the Complainant : Sri Amritlal Saha,

 Sri Kajal Nandi,

 Sri Sudeshna Kar Pukayastha, 

 Advocates.  

 

For the O.Ps : Sri K. Dhirendra Singha

 Advocate.

 

 

JUDGMENT  DELIVERED  ON:    30.08.2017.

 

 

J U D G M E N T

 

  This case arises on the petition filed by one Prathamalok Debnath. Petitioner's case in short is that he booked one luggage from Chennai and freight charge Rs.2,460/- was paid by him. The luggage was on booked on 02.07.2015 and after 18 days the same was  received at Agartala on 21.07.15. But all the articles inside the suitcase was found in the damaged condition. Total value of the damage was Rs.14,600/-,  so the freight charge has been Rs.17,060/-. Complainant requested the O.P. No.2, Chairman, Gati Express to refund the amount. But they did not refund. So, this case is filed for deficiency of service of the O.P. and for compensation.

 

2. O.P. No.1, 2 & 3 appeared and filed Written Statement denying the claim. It is stated that O.P. was ready to settle the matter amicably and agreed to pay declared value of the goods amounting to 800/-. O.P. would pay proportionate amount of the declared value of the goods. But the complainant was not ready. So the matter could not be disposed.

 

3. On the basis of contention raised by the parties following points cropped up for determination;

(I) Whether the petitioner suffered loss of Rs.17,060/- by deficiency of service of the O.P.?

(II) Whether the petitioner is entitled to get compensation?

 

4. Petitioner produced the letter of the Manager, Gati, money receipt, bank draft also produced the statement on affidavit of one witness, Prathamalok Debnath. 

 

5. O.P. On the other hand produced no evidence.

6. So on the basis of the evidence before us we shall now determine the above points.

 

Findings and decision;

7. We have gone through the complaint filed by Prathamalok Debnath. It was filed before the Manager, Gati, Agartala on 15.07.15. He informed by a letter on 25.07.15 that at  the time of taking delivery of the luggage he witnessed that out of 5   3 luggage are badly tampered and few of articles are missing from the luggage. Photocopy of the docket and demand draft produced. Petitioner stated in his evidence that when his son took delivery of the luggage at Agartala Branch he observed that the trolley was in broken and damaged condition. Speakers, Amway cosmetic products, attache was damaged. Bag pack price was Rs.700/-. Company was not aware about the goods inside the luggage. Declaration was not given. But the company did not deny the damage of the articles specifically and it is stated that they are  ready to settle the dispute amicably. They offered some amount but it was not accepted by the petitioner. The amount of damage as claimed by the petitioner is not supported by any other documentary evidence except the evidence of the petitioner. The trolley bag and other articles as stated to be damaged are not produced for inspection by any authorized person. But admittedly petitioner's articles were either lost or damaged. Petitioner therefore, is entitled to get compensation. Also he is entitled to get freight charges as the opposite parties did not render proper service and the articles were not carried in safe condition. We direct to O.P. pay compensation amounting to Rs.10,000/- for the damage of the articles and refund the freight charge Rs.2460/- and also pay litigation cost Rs.3,000/-, in total petitioner is entitled to get Rs.15,460/-.

 

8. We direct the O.P. Gati Express to pay this amount of Rs.15,460/-(Rupees Fifteen Thousand four Hundred Sixty) within one month, if not paid it will carry interest @9% P.A.

 

 

Announced.

 

 

 

 

 

SRI A. PAL

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL FORUM,

WEST TRIPURA,  AGARTALA.

 

 

 

 

 

SMT. DR. G. DEBNATH,

MEMBER,

 DISTRICT CONSUMER DISPUTES 

REDRESSAL FORUM, 

WEST TRIPURA, AGARTALA SRI U. DAS

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.