BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWNI.

                                                                      Complaint No. 248 of 2014.

                                                                      Date of Institution: 28.8.2014.

                                                                      Date of Order: 24.4.2014.

Satyavir Singh son of Shri Jutha Ram, resident of village Gothra, tehsil, Loharu, district Bhiwani.

….…. Complainant.

                                        Versus

1. Hindustan Carriers Corporation, Head Office 283, 2^nd Floor, Orbit Mall, AB Road Indore (owner of truck No.MP-09GE-6766), through its Manager.
2. Mahender Singh, Driver of truck No.MP-09GE 6766 and Employee of Hindustan Carriers Corporation, Head Office, 283, 2^nd Floor Orbit Mall, A.B. Road, Indore.

                                                                 …….Respondents.

               COMPLAINT UNDER SECTION 12 OF THE

               CONSUMER PROTECTION ACT, 1986.

Before:         Shri B.D.Yadav, President.

                    Shri Balraj Singh, Member.

                    Smt. Anita Sheoran, Member.

Present:   Shri Ashok Vashishth, Adv. for complainant.

                Respondents already exparte.

ORDER

                    The case of the complainant, in brief, is that on 28.3.2014 he had hired a truck for transpiration of his household goods worth Rs.3 lacs from Mahu (MP) to village Gothra, tehsil Loharu, district Bhiwani vide receipt No.25135 dated 28.3.2014 and had paid a sum of Rs.20,000/-in advance and remaining amount of Rs.6000/-was to be paid at the destination.  The complainant alleged that the respondent No.1 assured that the goods were delivered with proper handling and care. The complainant further alleged that the goods were not delivered at the destination within time as assured by respondent No.1. Moreover, the goods loaded in the truck got broken and destroyed. The complainant further alleged that due to the act and conduct of respondents he had to suffer a loss of Rs.2 Lacs. The complainant further alleged that he requested the respondents to pay compensation but he flatly refused to do so. The complainant further alleged that due to the act and conduct of respondents, he had to suffer mental agony, physical harassment and financial losses. Hence, it amounts to deficiency in service on the part of respondent and as such, he has to file the present complaint.

2.                Respondents have failed to come present despite service. Hence, they were proceeded against ex parte by this Forum vide order dated 27.10.2014.

3.                 Complainant has filed duly sworn affidavit and evidence to prove his respective version along with documents. 

4.                 After having gone through the material available on the records, we are of the considered view that the complaint of the complainant deserves acceptance, as there is deficiency in service on the part of the respondents.  Complainant has successfully proved his case by placing on record Annexure C1 photo stat copy of careers receipt, Annexure C2 photo stat copy of Daily Dairy Report recorded in PS Loharu, Annexure C3  photo stat copy of application and Annexure C4 Photo stat copy of payment receipt. On the other hand, the respondents even failed to appear before this Forum and to file written statement and were proceeded against ex-parte.  It appears that they have nothing to say in this case to controvert the stand taken by the complainant.  The version of the complainant is also supported by an affidavit Learned Counsel also argued that respondent no.2 had booked same luggage of his own unauthorisedly and in loading and unloading of that luggage loss was caused to his furniture  to the tune of Rs.70000/- . The complainant has claimed this amount in addition to the costs and compensation.  However, learned Counsel has referred Annexure C-5 vide which loss has been assessed an Rs.39500/- in addition to other repair charges.  Therefore, in view of the circumstances mentioned above, the complaint of the complainant is allowed with costs and the respondents are jointly and severally directed: -

1.       To pay Rs.60000/- (being cost of the house hold goods and repair charges) along with interest @ 12 % per annum from the date of filing of this complaint till its realization.

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2.       To pay Rs.20000/- as compensation.

3.       To pay Rs. 2200/- as litigation charges.

                    The compliance of the order be made within 45 days from the date of receipt of certified copy of the order.  Certified copies of this order be sent to the parties free of costs.  File be consigned to the record room, after due compliance.

Announced in open Forum.     

Dated: 24.4.2015.                                        

President,

                                                            District Consumer Disputes

                                                            Redressal Forum, Bhiwani.

(Balraj Singh)        (Anita Sheoran)

Member.                  Member.