<br /> COMPLAINT FILED: 29.12.2008<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)<br /> <br /> <br /> 11th FEBRUARY 2009<br /> <br /> <br /> PRESENT :- SRI. A.M. BENNUR PRESIDENT <br /> SMT. M. YASHODHAMMA MEMBER <br /> SRI.A.MUNIYAPPA MEMBER <br /> <br /> COMPLAINT NO.2832/2008<br /> <br /> <br /> COMPLAINANT Advaith Motors Private Limited,No.12, Shama Rao Compound,Mission Road,Bangalore – 560 027.Represented by its Director,Sri.B.Radhakrishna Gowda.Advocate – Sri.N.S.Satyanarayana GuptaV/s.<br /> OPPOSITE PARTY GMS EXPRESS PRIVATE LIMITED,(GMS COURIER)No.15, 3rd Main, BDA Layout,Domlur II Stage, Opp.BDA Park,Bangalore – 560 071.Represented by itsBranch Manager.Advocate – Sri.P.K.Venkatesh Prasad<br /> <br /> <br /> O R D E R<br /> <br /> <br /> This is a complaint filed U/s. 12 of the Consumer Protection Act of 1986 by the complainant seeking direction to the Opposite Party (herein after called as O.P) to deliver the consignment entrusted to it or in the alternative pay the cost of the consignment Rs.33,699/- and pay compensation on an allegations of deficiency in service. <br /> <br /> The brief averments, as could be seen from the contents of the complaint, are as under:<br /> <br /> Complainant entrusted a consignment to OP on 21.06.2008 so as to deliver the same at Pune. OP collected the necessary transportation and service charges and issued the docket. Complainant expected that the said consignment will reach the consignee within a day or two. But to his utter shock and surprise the said consignment has not reached consignee at Pune even up to 04.07.2008. Complainant made repeated requests and demands to OP to know about the consignment and its delivery. There was no proper reply. Then he caused the legal notice on 29.09.2008. Again there was no reply. On insistence he came to know that the said consignment High Pressure Pump, Fuel Injection worth of Rs.29,065/- has been misplaced and lost in transit. Hence complainant felt deficiency in service on the part of the OP. For no fault of his, he is made to suffer both mental agony and financial loss. Under the circumstances he is advised to file this complaint and sought for the reliefs accordingly.<br /> <br /> 2. On appearance, OP filed the version denying all the allegations made by the complainant in toto. According to OP complainant is not a ‘consumer’. The transactions involved is of commercial in nature. Complainant has not disclosed the value of the property entrusted to OP for transportation. Though OP took all the diligent measure and made hectic efforts to deliver the said consignment to the consignee but unfortunately during the transit it is lost. As per the consignment note the liability of the OP is only to the extent of Rs.100/- in case of delay in delivery of the goods or loss or damages. Hence complainant can’t claim the so called compensation and damages to the tune of Rs.33,699/-. There is no deficiency in service on the part of the OP. Complaint is devoid of merits. Among these grounds, OP prayed for the dismissal of the complaint.<br /> <br /> 3. In order to substantiate the complaint averments, the complainant filed the affidavit evidence and produced some documents. OP has also filed the affidavit evidence and produced the documents. Then the arguments were heard.<br /> <br /> 4. In view of the above said facts, the points now that arise for our consideration in this complaint are as under:<br /> <br /> Point No. 1 :- Whether the complainant has Proved <br /> the deficiency in service on the part of <br /> the OP?<br /> <br /> Point No. 2 :- If so, whether the complainant is <br /> entitled for the relief’s now claimed?<br /> <br /> Point No. 3 :- To what Order?<br /> <br /> <br /> 5. We have gone through the pleadings of the parties, both oral and documentary evidence and the arguments advanced. In view of the reasons given by us in the following paragraphs our findings on:<br /> <br /> Point No.1:- In Affirmative<br /> Point No.2:- Affirmative in part<br /> Point No.3:- As per final Order.<br /> <br /> <br /> R E A S O N S<br /> <br /> <br /> 6. At the outset it is not at dispute that the complainant entrusted certain consignment to the OP to be delivered to the consignee at Pune on 21.06.2008. OP collected the necessary charges and issued the consignment note. The copy of the consignment note is produced. According to the complainant the said consignment which was entrusted to the OP is a high pressure pump assy – fuel injection worth of Rs.29,065/-. <br /> <br /> 7. On the perusal of the consignment note value of the said property entrusted to OP is not disclosed and there are no other documents to substantiate the contention of the complainant that the said property entrusted to OP is worth of so much. Under such circumstances we don’t find force in the contention of the complainant that he entrusted the high pressure pump of worth Rs.29,065/- to the OP.<br /> <br /> 8. Of course on the perusal of the version and the evidence of the OP, OP flatly admits that the said consignment entrusted to it is missing not traceable and it is lost in transit. That means to say there is a carelessness and negligence on the part of the OP. Complainant waited patiently up to 04.07.2008 consignment was not delivered. Then he caused the legal notice on 29.09.2008. Copy of the legal notice is produced demanding the compensation. Again there was no response. Under such circumstances naturally complainant must have suffered both mental agony and financial loss that too for no fault of his. The hostile attitude of the OP speaks loudly about their deficiency in service.<br /> <br /> 9. Having taken note of the facts and circumstances of the case and also bearing in mind the documents produced by the litigating parties, in our view when complainant has not disclosed the value of the property entrusted to the OP justice will be met by directing the OP to pay a compensation of Rs.10,000/- and a litigation cost. If complainant is so advised he can file a civil suit to recover the cost of the said machinery. If in the mean time the said consignment is traced OP is directed to deliver the same to the consignee or to the consigner immediately. With these observations we answer point Nos.1 & 2 and proceed to pass the following: <br /> <br /> <br /> O R D E R<br /> <br /> <br /> The complaint is allowed in part. OP is directed to trace out the said consignment entrusted to it and deliver it to either consignee or consigner immediately along with litigation cost of Rs.1,000/-. In case if it is not traceable then OP is directed to pay the compensation and damages of Rs.10,000/- along with a litigation cost of Rs.1,000/-. <br /> <br /> This order is to be complied with in four weeks from the date of its communication.<br /> <br /> (Dictated to the Stenographer and typed in the computer and transcribed by him, verified and corrected, and then pronounced in the Open Court by us on this the 11th day of February 2009.) <br /> <br /> <br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br /> <br /> Vln* <br /> <br /> <br />