Punjab

Faridkot

CC/21/185

Naveen Kumar Goyal - Complainant(s)

Versus

Kamaljit Singh - Opp.Party(s)

Deep Chand Goyal

26 Jul 2022

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, FARIDKOT

C.C. No. :               185 of 2021

Date of Institution:    31.12.2021

Date of Decision :     26.07.2022

 

Naveen Kumar Goyal aged about 61 years son of Bhagwan Dass Goyal, sole proprietor of Balaji Engineers , D-36, 37 & 41, Focal Point, Kotkapura, Tehsil Kotkapura, District Faridkot.

                                               .......Complainant

Versus

Kamaljit Singh son of Gursewak Singh, sole proprietor of New Guru Nanak Transport Company, Moga Raod, Kotkapura.                    

  .......Opposite Party

Complaint under Section 35 of the

Consumer Protection Act, 2019.

 

Quorum:     Smt Param Pal Kaur, Member.

                     Sh Vishav Kant Garg, Member.

 

Present:      Sh Deep Chand Goyal, Ld Counsel for complainant,    

                   OP-Exparte.

 (ORDER) 

(Param Pal Kaur, Member)

C.C. No.- 185 of 2021

                 Complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against OP seeking directions to OP to repay Rs.8,16,328/-and for further directing to pay Rs.5 lacs for loss in business, Rs.2 lacs for travelling expenses, Rs. 2 las as compensation for mental agony and harassment and litigation expenses of Rs.55,000/-.

2                                     The brief facts of the complaint are that on 14.08.2019, complainant got booked a truck of OP for delivery of his material to Panchkari Kayal & Company, Balitkuri Surkimil Hawrah, 711101, West Bengal and to Ruma Switch Gear Company, 7/1, Noor M D Munshi Lane, Panchkari Kayal & Company Balitkuri Surkimil Hawrah, 711101, West Bengal and OP assured that it would reach the Howrah on or before 27.08.2019. OP got booked the material and issued booking receipt and at the time of booking, complainant handed over bill no. BE/19-20/00209; E way bill no.3911-3716-0878; BE/19-20/00209 dated 14.08.2019, E-way bill no.3211-3715-8898 to him, who further handed over the same to driver, who was to take the truck to its destination. Distance from Kotkapura to Howrah is about 2000 Km and e-way bill was valid uptil 03.09.2019. It is alleged that instead of sending the truck directly to Howrah, OP sent the same to Ludhiana for loading blankets etc and kept

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the truck stationed there till 31.08.2019 as he did not get material from Ludhiana. At the time of booking, OP never disclosed that his truck would load the material from Ludhiana. It is submitted that when said truck did not reach Howrah in time, complainant contacted OP, who told white lie that truck had reached there and it would be unloaded within short time. The party, whose material was lying in truck, was making calls to complainant again and again, but OP misguided the complainant every time saying material would reach by evening. It is further submitted that on 06.09.2019, complainant received telephonic message from the Department of Commercial Taxes, Dhanbad that truck in question was impounded by Government of Jharkhand Urban Circle at Dhanbad, who after inspecting the goods found that e-way bill was already expired on 03.09.2019. On receiving the said call, complainant again contacted OP and narrated him entire story. OP admitted his fault and said that his truck was lying at Ludhiana for loading the material. Due to fault of OP, e-way bill expired and said truck was impounded and Deputy Commissioner of Commercial Taxes, Jharkhand vide order dated 11.09.2019, imposed penalty of Rs.8,16,328/-, which complainant had to pay to get released his stock. After coming from there, complainant approached OP and requested him to pay

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penalty amount that he had to incur only due to fault of OP, but instead of making payment of same, OP threatened complainant of dire consequences on the ground that OP has some political links. All this amounts to deficiency in service and it has caused huge harassment and mental agony to him. He has prayed for accepting the complaint alongwith compensation for harassment and litigation expenses besides the main relief.

3                                       The complaint was admitted after hearing and vide order dated 05.01.2022, notice was issued to Opposite Party to appear in person or through representative to file reply to the complaint.

4                                         Registered cover containing complaint alongwith relevant documents was sent to OP, but it did not receive back undelivered. Acknowledgment might have been lost in transit. Statutory period expired. Despite repeated calls and long waiting till 4 O’clock, when nobody appeared in the Commission either in person or through counsel, then vide order dated 25.04.2022, OP was proceeded against exparte.

5                                              As there is no rebuttal from OP side, therefore, after availing sufficient opportunities, Ld counsel for complainant tendered in

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evidence affidavit of complainant Ex C-1 and documents Ex C-2 to Ex C-21 and then, closed the same on behalf of complainant.

6                                               We have heard the exparte arguments advanced by ld counsel for complainant and have very carefully gone through the affidavits and documents placed on the record file.

7                                               In nutshell, the case of the complainant is that on 14.08.2019, he got booked a truck of OP for delivery of his material to West Bengal  against proper bills. At the time of booking the vehicle, OP assured that it would reach the Howrah on or before 27.08.2019.  Complainant also handed over bill no.BE/19-20/00209; E way bill no.3911-3716-0878; BE/19-20/00209 dated 14.08.2019, E-way bill no.3211-3715-8898 to him, who further handed over the same to driver, who was to take the truck to its destination. Distance from Kotkapura to Howrah is about 2000 Km and e-way bill was valid uptil 03.09.2019. Grievance of the complainant is that OP did not send the truck directly to Howrah, rather sent the same to Ludhiana for loading other material and truck containing stock of complainant was stationed there till 31.08.2019 as he did not get material from Ludhiana. OP never disclosed that his truck would

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load the material from Ludhiana. Said truck did not reach the destined place in time and on 06.09.2019, it was impounded by Government of Jharkhand Urban Circle at Dhanbad, who after inspecting the goods found that e-way bill was already expired on 03.09.2019. OP admitted his fault that said truck was lying at Ludhiana for loading the material. Due to fault of OP, e-way bill that was valid for 03.09.2019, expired and said truck was detained and Deputy Commissioner of Commercial Taxes, Jharkhand vide order dated 11.09.2019, imposed penalty of Rs.8,16,328/-, which complainant had to pay to get released his stock.  Thereafter, complainant requested OP to pay penalty amount that he had to incur only due to fault of OP, but instead of doing the needful, OP threatened complainant for dire consequences on the ground that OP has some political links. Complainant had to suffer huge harassment and mental agony alongwith large amount of fine imposed by Department of Commercial Taxes, Dhanbad for which only Opposite Party is liable.

8                                            Complainant has placed on record document Ex C-5, copy of bill dated 14.08.2019 that shows the fact that complainant hired the services of OP for sending his material to West Bengal and also paid freight for delivery of material at its destination. Ex C-6, copy of e-bill also proves the

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contentions of complainant that bill in question was valid uptil 03.09.2019. Similarly, bill Ex C-7 issued by OP and e-way bill Ex C-8 and bills Ex C-9 and Ex C-19 reveal the fact that these bills were issued on 14.08.2019 and freight was paid and last date of expiry for e-bills was 03.09.2019.

9                                    Document placed on record ExC-11 is copy of order dated 06.09.2019 issued by Government of Jharkhand, Department of Commercial Taxes that shows the grievance of complainant that vehicle of OP containing material of complainant was detained at Dhanbad on 06.09.2019 and office of Deputy Commissioner of Commercial Taxes, Urban Circle, Dhanbad impounded the truck alongwith stock and imposed penalty of Rs.8,16,328/-to complainant on the ground that e-way bill carried by driver of vehicle was expired on 03.09.2019, for which only Opposite Party is liable. Registered legal notice Ex C-2, sent by complainant to OP to redress his grievance also narrates the pleadings of complainant. Through his affidavit ExC-1 he has reiterated the harassment and mental agony suffered by him. Complainant has placed on record sufficient and cogent evidence to prove his case. All these documents produced by complainant are authentic and are beyond any doubt.

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10                         It is observed that OP failed to deliver the stock within stipulated period and due to negligence of Opposite Party, e-way bill expired for which complainant had to pay penalty of Rs.8,16,328/-. It is deficiency in service, trade mal practice and breach of trust on the part of OP. Had he took sufficient steps to deliver the material in time, complainant would not have to suffer huge penalty of Rs.8,16,328/-to the Department of Commercial Taxes, Dhanbad.

11                                            From the above discussion and keeping in view all the documents placed on record by complainant, this Commission is of considered opinion that there is deficiency in service on the part of OP in not delivering the booked material in time at its destination due to which complainant had to pay huge penalty of Rs.8,16,328/- to Department of Commercial Taxes, Dhanbad. Therefore, complaint in hand is hereby allowed with direction to OP to make payment of penalty charges of Rs.8,16,328/- paid by complainant to Taxation Department, Jharkhand alongwith interest at the rate of 9% per anum from the date of payment till final realization. Opposite party is further directed to pay Rs.10,000/-to complainant as compensation for harassment and mental agony suffered by him alongwith Rs.4000/-as litigation

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expenses. Compliance of this order be made within 45 days of date of receipt of copy of this order, failing which complainant shall be entitled to initiate proceedings under Section 71 and 72 of the Consumer Protection Act. Copy of the order be supplied to parties free of cost as per law. File be consigned to the record room. 

Announced in Open Commission

Dated : 26.07.2022

(Vishav Kant Garg)       (Param Pal Kaur)                        

Member                          Member