DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi-110016.

Case No. 715/2007

Dr. Dhirendra Kumar,

R/o 203, 70-A,

Wildcon Apartment, Bersarai,

New Delhi 110016.                                             

          PRESENT ADDRESS

          Tura, West Garo Hills,

          Meghalaya-794002.                                              ….Complainant

Versus

          M/s Jindal Packers and Movers Pvt. Ltd.,

          Room No. 101, Building No. 187 A,

          G.K. House, Sant Nagar,

          East of Kailash,

          New Delhi-110065.

          (Through its Director/s)                                        ….Opposite Party

                                    Date of Institution      : 19.06.2007                 Date of Order               : 16.05.2017         

Coram:

Sh. N.K. Goel, President

Ms. Naina Bakshi, Member

O R D E R

          The admitted case of the parties is that the Complainant had booked  house-hold goods , furniture and medical books etc. with the  OP for transporting the same to  Tura, East Garo Hills, Meghalaya, and paid Rs. 41,000/- (Rs.forty one thousand) as  transportation  charges vide consignment Note. No. 1866 dated 28.06.2006 to the OP.  Later on the Complainant came to know that the Truck No. U.P. 14 Y 9882 in which the goods of the Complainant  were being transported  was put  on fire at the National High Way (Gauwahti-Goalpara) and the entire goods worth  more than Rs. 5,00,000/- (Rs.five lakhs)  were burnt to ashes without any  salvage.  The complainant  took  up the matter with the OP but the OP  did not compensate  him though FIR No.  173/06 was lodged at Boko  Police Station.  The Complainant also served the OP with a legal notice dated  16.08.2006  through advocate but in vain. Hence pleading deficiency in service on behalf of the OP the Complainant had filed the present complaint for directing the OP to pay Rs. 5,00,000/ - towards cost of  damaged goods, Rs. 50,000/- towards mental agony and  financial losses etc.  and  Rs. 25,000/-  towards legal charges to him.      

In the written statement the OP has inter-alia stated that the OP had  advised  the Complainant  to get the consignment insured but  he did not pay any heed.  The driver and the  cleaner  of the truck could only save their lives  and the miscreants had set the truck  containing the goods of the complainant on fire. Therefore, the OP owes no liability to the Complainant. Hence, it is prayed that the complaint be dismissed.

The parties have filed their respective evidence.

Written arguments have been filed.

 We have gone through the file carefully.  Without burdening the order with lengthy discussion, we straightway hold that the complainant has failed to prove any deficiency in service on the part of the OP.  Admittedly, the goods of the complainant were being transported to their destination.  However, it is the miscreants who had set the truck containing goods of the Complainant on fire. This act did happen not because of negligence or imperfection on the part of the OP and it was an act which was beyond all control of the OP.  Therefore, there is no deficiency in service on the part of the OP.

          In view of the above discussion, we do not find any merit in the complaint and dismiss it with no order as to costs.

          Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations.  Thereafter file be consigned to record room.

               Announced on 16.05.17.