Orissa

Kendujhar

17/2014

Sri Navin Kumar Kandoi - Complainant(s)

Versus

Jyotiranjan Pradhan - Opp.Party(s)

Sri B.C. Jena

16 Mar 2016

ORDER

IN THE COURT OF THE PRESIDENT, DISTRICT CONSUME DISPUTES REDRESSAL FORUM, KENDUJHAR

CONSUMER COMPLAINT CASE NO. 17 OF 2014

                 Sri Navin Kumar Kandoi, aged about 41 years

                 S/o: Sri Ganesh Prasad Kandoi,

                 Canal Raod, Professor Pada,

                 P.S: Malgodown, Dist: Cuttack

                 At present: Director,

                 M/s. Kandoi Transport Ltd.

                 Regd. Office, Kandoi House,
                 Matha Sahi, Chauliaganj, Cuttack-3……………………………………Complainant

                                     Vrs.

                   Jyotiranjan Pradhan,

C/o: Late Jugal Kishore Pradhan,

Kanjia Pada, Post-Kanpur, Cuttack

At present: At/Post: Banspani,

Joda, Keonjhar…………………………………………………………………….Op. Party

Present- Shri A.K. Purohit, President,

                Smt. B. Giri, Member (W)

                Sri S.C. Sahoo, Member

                Advocate for complainant - Sri Babaji Charan Jena,

                Advocate for Op. Party- (Set ex-parte)

_________________________________________________________________________________________________________________________________________________________________________

Date of hearing 16.02.2016                                                                                                                                                                             Date of order 16.03.2016

­_________________________________________________________________________________________________________________________________________________________________________

­­Sri S.C. Sahoo, Member -This is a complaint for a direction to OP to pay a sum of Rs. 74,355/- towards loss sustained by the complainant caused due to deficiency in service  by the OP.

        The brief facts of the case are that, to maintain livelihood the complainant has opened one Transport company in the name and style of M/s. Kandoi Transport Ltd. to transport goods from different location throughout Orissa for which he has hired service of fleet of trucks and one such truck was hired by the complainant belongs to the present OP who is the owner of the Truck/Tipper bearing registration number OR-09G-3711 and who was agreed to provide his truck for transport of Iron ore fines from K.N. Ram Mines in the Distinct of Keonjhar to Paradeep Port and had taken RS.8,000/- towards advance  and Rs.2,130/- towards other purpose through his engaged driver on 28.10.11and after loading of Iron  ores of 09.69 M.T. from the  loading point on 28.10.11 with TP. Challan  did not delivered the materials to its  proper destination till date  despite several request  which costs to be RS.21,240/-. Accordingly lawyer notice was served  on 12.10.12 and 13.11.13 for non delivery of consignment  but the OP sit silent on the matter causing heavy financial loss  as well mental agony to the complainant  and hence this complainant.

        Notice to show cause as to why the delay condonation petition filed by the complainant shall not be allowed returned back unserved with postal remarks that “Refused to receive” and to this service of notice was deemed to be sufficient and the delay condonation petition was taken up for consideration. It is seen from the available records that the present case was filed on 16.8.13 before the President, DCDRF, Jagatsinghpur District which was later withdrawn vide order dt.22.3.14 evident from the certified copy of order of Jagatsinghpur Forum with a reason for filing fresh case and the present case filed on 25.4.14 in this Forum for fresh adjudication. And accordingly delay condonation arose and for such delay complainant submitted a medical certificate from 14.3.14 to 24.4.14 as the complainant was suffering from viral disease and under such circumstances delay was condoned and the case was admitted on 06.9.14 and as such notice was sent on 30.3.15 and on 20.11.15 to OP but the OP refused to accept and hence set ex-parte.   

Heard the learned counsel for the complainant and perused the materials available on record. It became clear that the alleged vehicle of the OP was hired for delivery of consignment who was agreed and received advance of Rs.8,000/- towards transportation charges and Rs.2,130/- for other purpose and in total Rs.10,130/- from the complainant through his driver and from the challan and gate pass it also became clear that on 28.10.11 the alleged truck took load of Iron Ores (Fines) net weight in M.T of 09.69vide challan/TP No. 1886639 andthetotal cost ofthe materialsis of Rs.21,240/- and non delivery of materials in the destination was also proved as the complainant madevarious correspondence with the OP.

So question remains.

1. Whether the complainant is a consumer and present complaint is maintainable under C.P. Act or not.

2. Whether non delivery of material to its destination is deficiency in service and if so what relief can be granted to the complainant?

As regards to maintainability the learned counsel for the complainant submitted that it cannot be named as commercial in nature as the complainant carries transport business by engaging other’s vehicles for livelihood purposes and only 2 to 4 members are in their company to run the same and hencepresent complainant is a consumer in the ambit ofconsumer protection act and thepresent complaint ismaintainableand in support some decisions of higher Forum reported in AIR-1995 S.C. 1428, 2009 AIR SCW1502 2011(2) CPR 35 (NC). Accordingly we held that the present complainant is a consumer and comes under the purview of C.P Act. Apart from that we also referred few cases reported in 2005 NCDRCp 836 between Prakash Air Flight Pvt. Ltd. Vrs. Widia Ltd. & Another, 1999 NCJ p 400(N C), 2013(1) CPR 78(TN) Gopal Vrs. North Eastern Carrying Corporation 2012(2) CPR 110NC between Bombay Golden Transport Pvt. Ltd. Vrs. Shivhari Texo & Others, where in it is held that non delivery of goods by the carrier at destination is deficiency of service.

And in the present case there is no dispute that goods/ consignments handed over to the carrier was not delivered at destination whose cost will be of Rs.21,240/- and hence carrier is quite deficient in rendering service and such act of carrier definitely caused financial loss as well as mental agony to the complainant and hence OP is liable for the loss with compensation. And as the goods not delivered within the limitation period i.e. within 30 days of loading and not even till date & under these circumstances we held that the OP is liable for the same with compensation and refund of advance and other charges as claimed by the complainant amounting to Rs.31,370/- with Rs.3000/- compensation for mental agony and cost of litigation and in total Rs.34,370/-.

Hence, it is ordered and OP is directed to pay a sum of Rs.34,370/- to the complainant within 30 days of receipt of this order failing which the entire amount will carry @ 10% interest per annum till final realization.

                This case is accordingly disposed of.

Free copy of order be supplied to the parties.

 

                                                                                                                       I agree                                                                                 I agree

  (Sri S.C. Sahoo)                                                                                                 (Mrs. B. Giri)                                                               (Shri A.K. Purohit)

         Member                                                                                                        Member (W)                                                                        President

  DCDRF, Keonjhar                                                                                           DCDRF, Keonjhar                                                            DCDRF, Keonjhar        

                                             Dictated and Corrected by me                    

                                                         (Sri S.C. Sahoo)                                                                                         

                                                                                                                                                            Member, DCDRF, Keonjhar