DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
North 24 Pgs., BARASAT
C.C. No./230/2023
Date of Filing Date of Admission Date of Disposal
04.07.2023 18.07.2023 15.04.2024
Complainant/s:- | 1.M/S. Shrinka Enterprises, Mandalganthi,P.O. Bamangachi, P.S. Barasat, North 24 Parganas, Pin-743248 represented by its partner. 2. Sri Jayanta Kumar Paul, S/o.Late Jyotish Chandra Paul,Deshbandhu Road, Near Suresh Sishu Uddan, Paul Para, P.O. Madhyamgram Bazar, P.S. Madhyamgram, Dist-North 24 Parganas, Kolkata-700130. 3. Sri Susanta Kumar Paul, S/o. Late Jyotish Chandra Paul, Deshbandhu Road, Near Suresh Sishu Uddan, Paul Para, P.o. Madhyamgram Bazar, P.S. Madhyamgram, Dist-North 24 Parganas, Kolkata-700130. -Vs- |
Opposite Party/s:- | 1.Managing Director, Delhivery Limited, (CINL63090DL2011PLC221234), having its regd. Office At N24-N34:S24S-34Air Cargo Logistics Centre II, Opposite Gate 6, Cargo Terminal 1G1 Airport, New Delhi-110037 represented by Its Managing Director. 2.The Branch Head, Delhivery Limited, 7, Bipin Behari Ganguly Street, Ground Floor,P.S Boubazar, Kolkata, West Bengal, 700012. |
| |
P R E S E N T :- Sri. Daman Prosad Biswas……….President.
:- Sri. Abhijit Basu…………………. Member.
JUDGMENT /FINAL ORDER
Complainant above named filed this complaint under Section 35 of the C.P. Act , 2019 against the aforesaid opposite parties praying for direction against the opposite parties for payment of Rs.3,72,769/-, compensation amounting to Rs. 5,00,000/-, cost of the case amounting to Rs. 35,000/- and other reliefs.
He alleged in the petition of complaint that complainant No.1 is a partnership firm , complainant Nos. 2-3 are the partners of the said partnership firm. Complainant No.1in normal course of business used to take orders from customer of supply of different types of garments items as per specification and after manufacturing the same used to supply those garments to different addressee. Opposite Parties are well known recognized transportation service provider company and they used to carry the articles. In their normal course of business hired transportation /logistic service of its finished product to different locations specifically mentioned in para 7 of the petition of complaint. But opposite parties partly delivered the aforesaid articles and not yet delivered some articles. As a result complainants sustained loss of Rs. 3,72,769/-. Complainants served a legal notice dated 24.11.2022 upon the opposite parties and asked them to pay the aforesaid compensation but they did not pay any heed. Hence the complainants filed this case.
On perusal of record we find that notices served upon O.P. Nos. 1 and 2 but they did turn up. The case is running exparte against O.P. Nos. 1 and 2 as per order No.3 dated 14.09.2023.
Decision with Reasons
We have carefully gone through the aforesaid complaint. We have carefully gone through the documents filed at the time of filing complaint which was subsequently verified at the time of argument. We have carefully gone through the affidavit-in-chief filed by the complainant. Aforesaid affidavit-in-chief is nothing but unchallenged testimony and we do not find any reason to disbelieve the same. Placing reliance upon the said affidavit-in- chief we find that complainants gave some articles to the opposite parties for the
Contd/-2
C.C. No./230/2023
:: 2 ::
purpose of transportation and they were directed to delivery the same to different places such as Luhari, Hariyana, Hoskote, Karnataka and Luhari Hariyana. The articles mentioned in serial No.1 in para 11 of affidavit-in-chief O.Ps were directed to deliver the articles to a specific person at Luhari Hariyana valued at Rs. 1,31,996/- and O.P.Nos. 1-2 not yet delivered the same. As a result complainants sustained loss of Rs. 1,31,996/-.
In the said para in serial 3 and 4 it has mentioned that complainants sent some articles to Luhari Hariyana through O.P. Nos.1-2 valued at Rs. 1,37,672/- and Rs. 69,821/-. But those articles not yet been delivered in the place of destination. As a result complainants sustained loss to Rs. 1,37,672/- and 69,821/-.
In serial NO.2 8 boxes were delivered to Hoskote Karnataka through O.P. Nos.1-2 valued at Rs. 1,49,175/- but out of the 8 boxes O.P. Nos. 1-2 only delivered 6 boxes. O.P.Nos.1-2 not yet delivered two boxes to the place of destination. as a result complainants sustained loss of Rs. 37,294/-. By this way complainants sustained loss of Rs. 3,72,679/- .
On perusal document relating to sanction produced by the complainants we find that O.P. No.1-2 duly received the aforesaid articles. The matter was also brought to the notice of O.P. Nos.1 and 2 by legal notice and they duly received the same but did not give any reply in respect of the allegation which indicates that they have nothing to say. There such type of silence compelled me to believe the allegation of the complainants.
In this context we have carefully gone through the decision of the Hon’ble NCDRC (New India Assurance Company Ltd and another –Vs- Nanaksar Road Carriage) dated 11.03.2023 we find that Hon’ble NCDRC held ‘livelihood of the carrier of Billy and carrier would be liable to pay the value of the consignment, one it is established that the consignee held to deliver the consignment. Since in this case the goods were not delivered to the consignee, therefore it is liable to pay the value of the consignment.
In view of the aforesaid discussion it is clear before us that the complainants are entitld to value of the goods from the O.P. Nos.1-2 i.e. Rs. 3,72,769/-. It is also clear before us the aforesaid act of the O.P. Nos. 1-2 are nothing but deficiency in service.
On perusal of record it is clear before us that the complainants are the consumer and opposite parties are the service provider.
Having regard to the aforesaid discussion it is clear before us that complainants have able to established their grievance beyond reasonable doubt and complainants are entitled to relief as per their prayer.
In the result, present case succeeds.
Hence,
it is ordered,
that the present case be and the same is allowed exparte against the O.P. Nos.1-2 with cost of Rs. 5,000/-to be paid by the O.P. Nos.1-2 in favour of the complainant.
Contd/-3
C.C. No./230/2023
:: 3 ::
O.P. Nos.1-2 jointly or severally are directed to pay Rs. 3,72,769/- (Rs. Three Lakh Seventy two thousand seven hundred sixty Nine) in favour of the complainants positively within 45 days from this day failing which complainants shall have liberty to put this order into execution and aforesaid amount shall carry interest at the rate of 12% p.a from this day to till the date of actual payment.
O.P. Nos.1-2 are further directed to pay compensation amounting to Rs. 50,000/- in favour of the complainants positively within 45 days from this day failing which complainants shall have liberty to put this order into execution.
Let a copy of this order be supplied to both the parties free of cost as per CPR, 2005.
Dictated and Corrected by me
President
Member President
