DATE OF FILING : 07-01-2014..
DATE OF S/R : 06-03-2014.
DATE OF FINAL ORDER : 18-09-2014.
Sri Partha Sarathi Bose,
son of Sri Pranab Kr. Bose,
residing at 34/4, Sastri Narendra Nath Ganguly Road,
P.O. Santragachi, P.S. Shibpur,
District – Howrah,
PIN – 711104. ------------------------------------------------------------------- COMPLAINANT.
- Versus -
1. Manager,
ESSRBEE Packers & Movers,
Unit of Essrbee Roadies,
having its registered office
at 60, Lanin Sarani ( 1st floor ),
Kolkata – 700013.
2. Divisional Manager,
National Insurance Company Limited,
Division XX, Unit No. 1001800, Jeevan Sudha Building ( 6th floor ),
42/C, J.L. Nehru Road,
Kolkata – 700071. --------------------------------------OPPOSITE PARTIES.
P R E S E N T
President : Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.
Member : Shri P.K. Chatterjee.
Member : Smt. Jhumki Saha.
F I N A L O R D E R
1. The instant case was filed by complainant U/S 12 of the C.P. Act, 1986 wherein the complainant has prayed for direction upon the o.p. no. 1 to make payment of damage charges to the tune of Rs. 1,25,374/- and compensation for Rs. 30,000/- and further direction upon the o.p. no. 2 to make payment of Rs. 75,000/- covered under the insurance policy no. 101800/21/13/4500000308 dated 13-09-2013 for damaging the household articles during transits from New Delhi to Howrah.
2. The o.p. no. 1 in his written version contended interalia that this Court has no jurisdiction to try this complaint; that this is a harassing complaint and should be rejected.
3. The o.p. no. 2 in his written version contended interalia that the instant petition of complaint is thoroughly misconceived; that most of articles during transit was in unpacked condition. So the complaint should be dismissed.
3. Upon pleadings of parties three points arose for determination :
i) Whether this Forum has territorial jurisdiction to entertain the complaint ?
ii) Is there any deficiency in service on the part of the O.Ps. ?
ii) Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
POINT NO. 1
4. Much have been argued for lack of jurisdiction of this Forum to entertain the complaint. The o.p. no. 1 took the articles from New Delhi residence of the complainant and delivered the same at his Howrah address. So the part cause of action arose within the jurisdiction of the Forum. Section 11 ( C ) of the C.P. Act, 1986 comes into operation. Accordingly the dispute over jurisdiction is set at rest. The point is accordingly disposed of.
POINT NOS. 2 & 3
5. Both the points are taken up together for consideration. The attempt of the o.p.
no. 2 to shift the responsibility of the damage upon o.p. no. 1 amply proves the allegations of damage of the household belongings levelled by the complainant.
6. Admittedly the complainant entrusted the o.p. no. 1 for packing and moving his
household effects from New Delhi to Santragachi, Howrah, on 12-09-2013. The o.p. no. 1 while receiving the charges also realized the charge of insurance from the complainant with assurance of safe delivery. Naturally, the sole responsibility devolved upon the o.p. no. 1 for safe delivery.
7. Unfortunately good many articles were found damaged and broken when received
on 20-09-2013 ( para 10 of the petition of complaint ). The value of the damaged articles though disputed by the o.p. no. 1, he cannot shift his responsibility as the complainant paid Rs. 22,400/- to the o.p. no. 1 inclusive of the insurance charge ( enclosures ).
8. Likewise, the o.p. no. 2 also cannot repudiate the claim of the complainant and he
paid the insurance charge to the o.p. no. 1 as required.
We are, therefore, of the view that this is a fit case where the prayer of the complaint shall be allowed.
Both the points are accordingly disposed of.
Hence,
O R D E R E D
That the C. C. Case No. 3 of 2014 ( HDF 3 of 2014 ) be and the same is allowed on contest with costs as against the O.Ps.
The O.P. no. 1 be directed to pay Rs. 50,000/- as compensation to the complainant for causing damage to the household items.
The o.p. no. 1 do further pay a sum of Rs. 40,000/- to the complainant for causing mental pain and unnecessary harassment and Rs. 10,000/- as litigation costs.
The complainant no. 2 be directed to pay Rs. 35,000/- out of total covered insured amount of Rs. 75,000/- to the complainant for part damage of house-hold articles.
Both the o.ps. be directed to make payment as directed within 30 days from the date of this order failing the amount shall carry interest @ Rs. 12% per annum till full satisfaction.
The complainant is at liberty to put the decree into execution after expiry of the appeal period.
Supply the copies of the order to the parties, as per rule.
DICTATED & CORRECTED
BY ME.
( T.K. Bhattacharya )
President, C.D.R.F., Howrah.
