DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

PATIALA.

                                      Consumer Complaint No. 183 of 15.5.2018

                                      Decided on:   11.10.2018

Lt. Col. S S Rawat Second in Command , 1 Armd Div Pro Unit PIN 908401 C/o 56 APO.

                                                                   …………...Complainant

                                      Versus

1.       Mr Satyabir Singh, Partner Haryana Transport corporation, H.O. Shop No.6, Plot No. 89, Shree Krishna Classic, Purna Nagar, Chinchwad Pune 411019.

2.       Mr.Vijay Singh, Partner, Radha Road Carrier, Shri Krishna Classic Building H.O. Shop No.6, Plot No.89, Purna Nagar, Chinchwad Pune 411019.

                                                                   …………Opposite Parties

                                      Complaint under Section 12 of the

                                      Consumer Protection Act, 1986.

QUORUM

                                      Smt. Neelam Gupta, Member

                                      Sh.Kanwaljeet Singh, Member                                      

ARGUED BY:

                                      Lt. Col. S.S.Rawat, complainant in person.

                                      Opposite Parties ex-parte.

 ORDER

                                    SH. KANWALJEET SINGH,  MEMBER

1. Brief facts of the case are that complainant on 15.3.2018 met with OP1 at his residence, Pune for transportation of his car bearing registration No.CH04 F 4219 from Pune to Patiala and paid a sum of Rs.25,600/- as consideration. At the time handing over the car, complainant told to OP No.1 being an army officer special care needs to be taken during transportation and misuse of the car must be prevented and OP no.1assured to the complainant that the car will not be misused. On 14.4.2018, car was delivered to the agent of OP no.2 and he promised, it will be handed over as it is, to the complainant at Patiala on 20.4.2018. When the car did not receive by the complainant , then complainant contacted repeatedly to OP no.1 between 20 to 22 April, 2018 on his mobile No.09822869110 but OP no.1 did not respond. When complainant received the car from Mr.Sonu ,driver, on 22.4.2018 at around 2000hours, complainant shocked to see the damaged condition of the car and informed to OPs that front wind screen broken, co-driver seat cover torn, front Number plate broken. The car with the knowledge that it belongs to Army officer with Army tag on it, OPs agent knowingly used the car in sensitive military establishment, thereby OPs have done impersonation. OPs failed to take proper care and precaution for safe delivery of the car. OPs failed to provide the services as bound to provide and committed deficiency in service and prayed for damages amount of Rs.13,532/- and additional sum of Rs.1,00,000/-(one lakh) as damages for misuse of the car for entering sensitive military establishment, mental tension, litigation charges and repayment of safe transportation of the car consideration amount in total Rs.1,13,532/-.
2. Upon notice OPs failed to appear intentionally despite service and accordingly proceeded against ex-parte.
3. In support of the case, complainant has tendered into evidence Ex.CA, his own affidavit alongwith documents Exs.C1 copy of Radha Road Carrier’s inspection receipt, Ex.C2, copy of application for seeking permission to accommodate relative/guest and friends in NDA Khadakwasla, Ex.C3 to Ex.C6 photographs,Ex.C7 copy of tax invoice,  Ex.C8 copy of cash  credit memo of Bittu Arts, Ex.C9 copy of cash/credit memo, Ex. C10 copy of consignee copy and closed the evidence.
4. We have heard the exparte arguments of the complainant and have also gone through the record of the case very carefully.
5. During arguments the contentions of the complainant are similar to his respective pleadings so no need to reiterate the same.
6. It is crystal clear from Exs.C3 to C5 that the car was damaged by OPs. It seems from Exs.C7 to C10 that complainant suffered a loss of Rs.39,222/- on the part of OPs. However, OPs failed to take proper care and precaution for the safe delivery of the complainant’s car  being an ordinary prudent man.
7. Resultantly, we partly allow the complaint and direct the OPs to refund the amount of Rs.39222/- alongwith interest @9% per annum from 14.4.2018 till its realization alongwith Rs.10,000/- as damages and litigation cost. Compliance of this order will be made by the OPs within 30 days from the receipt of the certified copy of this order. Certified copies  of this order be sent to the parties free of cost under the Rules.Thereafter, file be indexed and consigned to the Record Room.

ANNOUNCED

DATED:11.10.2018     

                                                Kanwaljeet Singh                             Neelam Gupta                                                                  Member                                  Member