Date of filing :5-12-2008 Date of order :8-04-2009 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD CC.274/07 Dated this, the 8th day of April 2009. PRESENT SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RMADEVI : MEMBER SMT.P.P.SHYMALADEVI : MEMBER Sajith, S/o.Damodar, Delight Pharmacy, Uppala, Kasaragod. } Complainant (Adv. K.M. Ballakuraya, Kasaragod) 1. Kairali Transport, Packers and Movers, Sector V(5) Pushpa Vihar, Saket, New Delhi.17. } Opposite parties 2. Srinivasan, Qts.No.20 Sector V(5), Pushpa Vihar, Saket, New Delhi. (Exparte) O R D E R SRI.K.T.SIDHIQ, PRESIDENT The case of the complainant in brief is that the car he entrusted with opposite parties for transportation from Delhi to Uppala at Kasaragod got damaged due to negligent transit through road inspite of the specific assurance by opposite parties that they will transit it through lorry. As a result complainant has to spent a sum of Rs.1,18,382/- towards the repair of the vehicle. Alleging deficiency in service on the part of opposite parties the complainant filed this complaint claiming the repair charges Rs.1,18,382/-with compensation of Rs.50,000/- for delay in deficiency and Rs.20,000/- towards damages for mental agony. 2. Notice to both opposite parties were issued by registered post with acknowledgement due. Both the opposite parties received notice but not turned up to defend the complaint. Hence both opposite parties set exparte. Complainant filed affidavit in support of his case. Exts A1 to A13 marked. Complainant heard. 3. In the affidavit, the complainant has stated that he had purchased the Ford Fiesta Car bearing Reg.No. DL-4/CAF 2236 from New Delhi in June 2008 from one Leeladharan. In order to transport the said Car from Delhi to Uppala he contacted the opposite party and they undertake to deliver the car at his door at Uppala. Opposite parties received Rs.14,000/- towards the transportation charges. The opposite parties were strictly warned not to run the car over the road since it had only IIIrd party insurance coverage. The opposite parties agreed to deliver the car within a week from the date of entrustment on 28-6-08. But it was not delivered as stated. On 8-7-08 one person belonged to opposite parties brought the vehicle by driving through road and as a result the car became damaged. On enquiry with the opposite parties it was told that they will make good the loss sustained and asked their driver to take the vehicle to authorized workshop at Mangalore. On enquiry made in the Cauvery Motors, Mangalore they issued an estimate for Rs.3,85,980/- towards repair charges. When intimated this fact to opposite party they resiled from their words and agreed to pay Rs.60,000/-. 4. The entire damage is caused during transit of the vehicle. The complainant took delivery of the vehicle replacing some parts by paying Rs.83,382/- and thereafter some works were done from a local workshop namely Deepak Workshop for Rs.35,000/-. 5. Ext.A1 is the consignee copy of the lorry receipt issued by opposite party. As per Ext.A1 the risk of transportation is with carriers i.e opposite parties. Ext.A8 is the invoice issued from Cauvery Ford for Rs. 83,382. Exts A9 to A10 are the receipts issued from Cauvery Motors to complainant evidencing the payment of Rs.83382/-. Ext.A12 is the bill issued from classic Automobiles for Rs.11,643/-. Ext.A13 is the labour bill issued from Deepak Automobile Service, Kumbala for Rs.23,400/-. 6. Considering the evidence adduced by the complainant it is clear that the opposite parties have committed deficiency in their service rendered to the complainant as a carrier. Hence they are liable to compensate the complainant for the loss and hardship and mental agony suffered by the complainant. Therefore the complaint is allowed and opposite parties are directed to pay a sum of Rs.1,13,382/- towards the repair charges the complainant incurred for effecting repair to his vehicle with a compensation of Rs.25,000/- towards the delay in delivery, loss, hardships and mental agony caused due to the after results of the deficient service provided to him. Opposite parties also directed to pay Rs.2500/- towards the cost of these proceedings. Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT Exts. A1.Consignee Copy A2. Repair Order Cauvery Ford A3.Estimates Cauvery Ford. A4.14-8-08 letter sent by Sajith Kumar to Kairali Transport. A5. Returned speed post letter. A6.& A7 Postal acknowledgement card A8. Tax invoice A9. Receipt issued by Cauvery Motors A10.14-07-09 Receipt A11.Customer Information sheet A12.Tax Invoice Classic Automobiles A13. Labour charge receipt (Deepak Automobile Services) Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT Pj/ Forwarded by Order SENIOR SUPERINTENDENT
......................K.T.Sidhiq
......................P.P.Shymaladevi
......................P.Ramadevi | | 
