BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

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Essen Connectors Private Limited through its duly authorized signatory, Shr. Sunil Vermani, Plot No. 23-24, Industrial Area, Phase 1, Panchkula, Haryana

…..Complainant

                           V E R S U S

Gill-Sandhu Cargo Movers Private Limited (Delhi), through its Managing Director, Plot No. 2, Transport Area, Sector 26, Chandigarh, U.T.

                                  ……Opposite Party

CORAM: SH.ASHOK RAJ BHANDARI                    PRESIDING MEMBER

                SH.RAJINDER SINGH GILL                    MEMBER

                DR.(MRS) MADANJIT KAUR SAHOTA       MEMBER

Argued by: Sh. N.P. Sharma, Adv. for complainant.

OPs exparte.

PER SHRI SH.RAJINDER SINGH GILL, MEMBER

             Succinctly put, the complainant on 02.12.2009 had  entrusted a consignment of goods to the OP, at their Chandigarh office, which was required to be transported to New Delhi from where it was to be airlifted to Sao Paulo, Brazil, South America to the consignee M/s MW Electoelectronica Ind E Commercio Ltd.  The said consignment was accepted by the OP at Chandigarh vide receipt no. 31983 dated 02.12.2009 for Rs.260/- and had undertaken to transport the same to New Delhi and to retain it till such time, that the same was to be airlifted for the destination.  The value of the said goods entrusted to the OP was Rs.1,42,548/- and further excise duty of Rs.14,523/- thereon totaling to Rs.1,57,071/-. As per the receipt of the consignment the goods were insured against fire only. On 8.12.2009, the complainant was telephonically informed by the OP that the said goods had been destroyed in a major fire at the godown/facility of the OP at New Delhi, while being under their exclusive control and custody.  Subsequently, thereafter till date the OP has been avoiding the earnest efforts of the complainant to seek the material documents, namely the DDR/FIR, got registered by the OP qua the loss in question, as also the name of the insurer as well as the details of the said policy under which the OP claimed to have insured the goods. The OP had refused to indemnify the complainant for the loss suffered by him.  On 29.12.2009 the complainant sent a legal notice to the OP but the same was returned with the comment “Redirected To”.  Thereafter the OP had handed over the copy of the FIR dated 24.12.2009 to the complainant but no action has been taken by the OP till date to settle the claim for the loss suffered by him. Hence this complaint alleging that the aforesaid acts of the OP amount to deficiency in service and unfair trade practice.

2.             Notice was served to the OP. None appeared on behalf of the OP.  Accordingly the OP was proceeded ex-parte. 

3.             The complainant led evidence in support of his contentions.

4.             We have heard the Learned Counsel for the complainant and have also perused the record. 

5.             Annexure C-2 dated 02.12.2009 is the copy of the invoice (for export) which shows that the consignment of goods worth US$ 3109 (Rs.1,42,548/-) was to be sent by the complainant to Brazil. Annexure C-4 is the receipt issued by the OP, which shows that the OP had accepted to deliver the said consignment vide goods receipt no. 31983 dated 2.12.2009. As per the terms and conditions attached with Annexure C-4, the goods were insured against fire only. The main grouse of the complainant is that the said consignment was under the care and custody of the OP, where it was destroyed due to fire, hence as per the terms and conditions attached with the goods receipt of the OP, the complainant is fully entitled for the loss suffered by him but inspite of that the OP has refused to indemnify the loss suffered by him. A notice was served by this Forum to the OP to contest the claim of the complainant but the notice was received back with the report of “refusal” by the OP, which clearly shows that the OP has nothing to say in their defence. In support of his contentions the learned Counsel for the complainant has also referred to the cases:-

1. I (2008) CPJ 217 (NCDRC): Dhanpati Devi vs. New Delhi Karnataka Transways & Another: Truck burnt with goods-Notice u/s 10 of the Carriers Act received back unserved as service avoided- Privity of Contract –Liable to pay value of consignment.
2. II (2008) CPJ 331 (NCDRC): Deluxe Roadlines Private Limited vs. Mehta Kumar: Transport Services – Consignment not delivered – OP absent despite service of Notice – Complaint allowed exparte – Order of lower Fora upheld.
3. III (2008) CPJ 95 (NCDRC): Amritsar Transport Company Private Limited vs. Rajiv Kumar & Another: Consignment caught fire – Goods lost – Value of consignment with interest allowed – Value of goods clearly mentioned in documents brought on record –Transporter as bailee liable to compensate for loss caused -  Order of lower Fora upheld.
4. IV (2009) CPJ 396 (RAJASTHAN): Bhagwan Ram vs. Andhra- Punjab Transport Company, Nagaur: Carriers Act, 1865 – loss or non-delivery of goods notice under Section 10 of the Carriers Act 1865 not required- Plaintiff only to prove the factum of loss – Once the loss, damage, or non-deliver of goods is proved, negligence or criminal act on the part of carriers presumed- Duty of common carrier to rebut the presumption.

              Since, the OP has been proceeded exparte, we are inclined to accept the contentions of the complainant as the complainant has proved the deficiency on the part of the OP by leading sufficient evidence, referred to above.

6.             In view of the above discussion, we are of the considered opinion that the complaint must succeed.  Accordingly the complaint is allowed.  The OP is directed to pay to the complainant (Rs.142548+14523+260)=Rs.1,57,331/- to the complainant alongwith sum of Rs.25,000/- as compensation towards mental and physical harassment caused to the complainant.  The OP shall also pay Rs.5,000/- as cost of litigation. The order shall be complied within 30 days from the date of receipt of copy of this order failing which the OP shall be liable to pay the entire amount with penal interest @18% p.a. from the filing of the present complaint i.e. till the payment is actually made to the complainant.

        Certified copies of this order be sent to the parties free of charge.  The file be consigned.