Punjab

Sangrur

CC/147/2019

Sat Pal - Complainant(s)

Versus

Ludhiana Ropar Transport Co. - Opp.Party(s)

Sh.Amit Jain

20 Feb 2020

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR                                               

               

                                                Complaint No.    147

                                                Instituted on:      03.04.2019

                                                Decided on:       20.02.2020

 

Satpal son of Shri Om Parkash, r/o H.No.429, Near Shiv Mandi, Shekhupura Basti, Sangrur.

                                                        …Complainant

                                Versus

1.             Ludhiana Ropar Transport Co. H.O. Chowk Khawaja Kothi, Ludhiana 141008 through its owner Shri Paramjit Singh.

2.             Ludhiana Ropar Transport Co. B.O. Lakkar Bazar, Ludhiana 141008 through its Prop/Partner/Manager.

3.             Ludhiana Ropar Transport Co. B.O. near Green Hotel, Outside Patiala Gate, Sangrur through its Prop/Partner/Manager Ankit Goyal.  

                                                        …Opposite parties

For the complainant    :               Shri Amit Jain, Adv.

For OPs                    :               Shri Rajesh Singla, Adv.

 

Quorum:    Shri Amrinder Singh Sidhu, President

                               Shri V.K.Gulati, Member

 

Order by : Shri Amrinder Singh Sidhu, President.

1.             Shri Sat Pal, complainant  has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that the complainant deals in General Mercantile goods business and after buying the same from Ludhiana etc. the complainant use to supply the goods at general stores in City Sangrur in order to earn his livelihood by way of self employment.  The case of the complainant is that on 7.2.2019 the  complainant purchased goods of general mercantile from M/s. Atul Traders, Makkar Enterprises, Shree Narayana Traders, Maa Durga Traders, Narindera Traders, Garg Trading Co. for Rs.70,108/- and packed the same in six cartoons and on the same day through Garg Trading Co. Ludhiana got booked the said six cartoons with OP number 2 for delivering the same to the complainant at Sangrur vide bilti number 13445 dated 7.2.2019 for which the OP number 2 charged an amount of Rs.110/- which was to be delivered to the complainant at Sangrur in a day or two.  But the grievance of the complainant is that the same were not delivered to the complainant, which is a clear cut deficiency in service on the part of the Ops. Thus, alleging deficiency in service on the part of the OPs, the complainant has prayed that the OPs be directed to pay to the complainant an amount of Rs.70,108/- along with interest from 7.2.2019  till its actual payment and further claimed compensation and litigation expenses.

2.             In reply filed by the OPs, preliminary objections are taken up on the grounds that the complaint is not maintainable, that the complainant is not the consumer of the Ops, that the complainant has dragged the Ops into unwanted litigation and that the complainant has got no locus standi to file the present complaint. On merits, it is admitted that six cartoons were booked with OP number 2 for delivering the same to Satpal Sangrur vide bilti number 13445 dated 7.2.2019. It is further stated that the same were got booked by M/s. Garg Trading Co. Ludhiana by paying the requisite sum of Rs.110/- to the OP number 2. It is stated further that M/s. Garg Trading Co. Ludhiana inquired about six cartoons and the Ops number 2 and 3 informed it that above said cartoons were stole along with other boxes and parcels from the standing truck at night on 7.2.2019 parked at Transport Nagar, Ludhiana covered with trampoline and an application in this regard has been given to the police of PS Moti Nagar Ludhiana against the unknown persons and FIR number 72 dated 29.3.2019 was recorded. Police of Moti Nagar Ludhiana has arrested accused Tarsem Singh and Gaurav on 16.5.2019 and the same was intimated to M/s. Garg Trading Co. Ludhiana. The  other allegations levelled in the complaint have been denied.

3.             The learned counsel for the complainant has produced Ex.C-1 to Ex.C-9 copies of documents and affidavit and closed evidence. On the other hand, the learned counsel for Ops has produced Ex.OP-1  to Ex.OP-4 and Ex.OP1/A affidavit and closed evidence.

4.             We have carefully perused the complaint, version of the opposite parties and heard the arguments of the learned counsel for the parties.

5.             The learned counsel for the complainant has contended vehemently that the complainant deals in General Mercantile goods business and after buying the same from Ludhiana etc. the complainant use to supply the said goods at general stores in City Sangrur in order to earn his livelihood by way of self employment.  The learned counsel for the complainant has further contended that on 7.2.2019 the  complainant purchased goods of general mercantile from M/s. Atul Traders, Makkar Enterprises, Shree Narayana Traders, Maa Durga Traders, Narindera Traders, Garg Trading Co. for Rs.70,108/- and packed the same in six cartoons and on the same day through Garg Trading Co. Ludhiana got booked the said six cartoons with OP number 2 for delivering the same to the complainant at Sangrur vide bilti number 13445 dated 7.2.2019 for which the OP number 2 charged an amount of Rs.110/- which was to be delivered to the complainant at Sangrur in a day or two.  But the same were not delivered to the complainant, which is a clear cut deficiency in service on the part of the Ops and the complainant has further contended that the Ops are liable to make good the loss of goods.

6.             On the other hand, the learned counsel for the OPs has contended vehemently that six cartoons were booked with OP number 2 for onward delivery to Satpal Sangrur vide bilti number 13445 dated 7.2.2019. It is further stated that the same were got booked by M/s. Garg Trading Co. Ludhiana by paying the requisite sum of Rs.110/- to the OP number 2. It is stated further that M/s. Garg Trading Co. Ludhiana inquired about six cartoons and the Ops number 2 and 3 informed it that above said cartoons were stole along with other boxes and parcels from the standing truck at night on 7.2.2019 parked at Transport Nagar, Ludhiana covered with trampoline and an application in this regard has been given to the police of PS Moti Nagar Ludhiana against the unknown persons and FIR number 72 dated 29.3.2019 was recorded. Police of Moti Nagar Ludhiana has arrested accused Tarsem Singh and Gaurav on 16.5.2019 and the same was intimated to M/s. Garg Trading Co. Ludhiana. It is contended further that the complaint should be dismissed with special costs.

7.             After hearing the arguments of the learned counsel for the parties and perusal of the documents on record, we are of the considered opinion that the complainant availed the services of the Ops through M/s. Garg Trading Co. and got booked six cartons containing goods worth Rs.70,108/- which were purchased by the complainant vide bills Ex.C-3  to Ex.C-8      vide bilti number 13445 dated 7.2.2019 by paying the requisite consideration of Rs.110/-to the OP number 2, a copy of bilti on record is Ex.C-2.   As such, we hold that the complainant is a consumer of the Ops.  In the present case, though the Ops have mentioned in the written reply that the goods pertaining to the complainant were stolen along with other boxes and parcels from the standing truck at night on 7.2.2019 parked at Transport Nagar, Ludhiana covered with trampoline and an application in this regard has been given to the police of PS Moti Nagar Ludhiana against the unknown persons and FIR number 72 dated 29.3.2019 was recorded. Since it is the admitted case of the Ops that Police of Moti Nagar Ludhiana has arrested accused Tarsem Singh and Gaurav on 16.5.2019 who had stolen the goods pertaining to the complainant from the custody of the Ops  but it is nowhere mentioned that what action was taken by the Ops to get recovered the stolen goods when it was in their knowledge that the thieves have been arrested by the police.  It is itself proved by the Ops that the goods got booked on behalf of the complainant were stolen on 7.2.2019 from the loaded truck of the Ops i.e. from the custody of the Ops. So, we are of the considered opinion that the Ops are liable to make the loss good.  

8.             In view of our above discussion, we allow the complaint and direct OP number 2 to pay to the complainant an amount of Rs.70,108/- along with interest @ 8% per annum from the date of filing of the present complaint i.e. 3.4.2019 till its realisation. We further direct the Ops to pay to the complainant an amount of Rs.2000/- as compensation. This order be complied with within a period of 45 days from the date of receipt of copy of this order.  A copy of this order be issued to the parties free of cost. File be consigned to records.

9.             This complaint could not be decided and order could not be pronounced within stipulated time period because posts of President and Lady Member are lying vacant since 7.8.2018 and 16.09.2018 respectively. The President is doing additional duty only for two days a week.                    

                Pronounced.

                February 20, 2020.

 

 

        (Vinod Kumar Gulati)       (Amrinder Singh Sidhu)

                 Member                              President