DIST. CONSUMER DISPUTES REDRESSAL FORUM
NORTH 24 Pgs., BARASAT.
C. C. CASE NO. 411/2016
Date of Filing Date of Admission Date of Disposal
27.06.2016 16.08.2016 05.06.2018
Complainant:- 1. Debabrata Bhattacharya
10/68D, Haldia,
I.O.C. Township, C.I.S.F Qtr,
Dist.- Purba Midnapur
Pin- 721607
=Vs.=
O.P/s:- 1. Mr. Salil Singha
DGM of Agarwal Packers & Movers
GP Block, Sector-V, Salt Lake,
Kol- 700091
2. Manish Jain
No- 296, 3rd floor, S.V. Towers,
Above Adigas Hotel, Opp. Jantha Hotel,
Wilson Garden, Bangalore- 560027
P R E S E N T :- Bankim Chandra Chattopadhyay…………. President.
:- Sri Siddhartha Ganguli ………………….. Member.
Final Order & Judgment
An Application has been filed by the complainant U/S 12 of the Consumer Protection Act, 1986 praying for handing over the booking perfect box no- 611402 to the complainant along with compensation of Rs. 10,000/- for physical harassment and mental agony and litigation cost of Rs. 3,000/-.
The gist facts of the case of the complainant is that the complainant is a Sub-Inspector of CISF who was posted at Bangalore and thereafter he has been transferred to Haldia Township. At the time of transfer the complainant booked all his household goods through transport by Agarwal Packers and movers, Bangalore for transporting those goods to I.O.C Haldia Township on 18.05.2015. The complainant booked 77 items in total including 16 perfect boxes for sending them from Bangalore to Haldia Township but at the time of receiving the above named items at Haldia the complainant found 15 boxes out of 16 totals. Immediately the complainant contacted with the OP 2 and informed the matter to him and in reply the OP 2 stated that the missing box no- 611402 has already been sent to Haldia Township but it was mistakenly not mentioned in the package list.
Dictated & Corrected by me
Member Cont….2/-
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C. C. CASE NO. 411/2016
Thereafter the OP 2 sent a letter to Mr. Salil Singha in charge of Salt Lake Branch, the O.P No: 1 to hand over the perfect box book no- 611402 to the complainant after proper searching but the complainant did not get the same box in spite of several visits to the premises of O.P No: 1. Finding no other alternative the complainant lodged a complaint before the Assistant Director CA & FBP for mediation but due to lack of appearance of OPs the said mediation failed and the matter has been dropped with a direction to the complainant to lodge a specific complaint case before this Forum and according the complainant files this case alleging deficiency in service on the part of the OPs and prays for the following reliefs:-
Relief sought for:-
- The complainant U/S 12 of Consumer Protection Act be proceeded as per Law to benefit and protect the complainant.
- Give relief to handover the booking perfect box no- 611402 to the complainant along with compensation of Rs. 10,000/- for physical harassment and mental agony.
- Litigation cost of Rs. 3,000/- may kindly be allowed in favour of the complainant.
- Any other relief or relives which is your complainant is legally entitled to get.
The complainant files the following Xerox documents:-
- Booking copy of DRS Dilip Roadlines Pvt. Ltd. (2 copies)
- Packing list of DRS.
- Advance receipt of DRS.
- Cash receipt of DRS Dilip Roadlines Pvt. Ltd. dt. 18.05.2015
- Manish Jain, DGM of Bangalore a letter sent to Mr. Salil Singha. DGM of Kolkata dt- 19.11.2015
- A letter sent to Mr. Salil Singha, DGM of Kolkata dt. 24.12.2015
- Drop letter of Asstt. Director, CA. & FBP, Salt Lake.
Notices have been served upon the OPs. Despite receiving notices the OP 1
and 2 did not appear before this Forum and therefore the case has been proceeding ex-parte against the OP 1 and 2. During hearing the complainant filed affidavit in chief. The complainant also filed BNA. From the complaint petition evidence of the complainant and other materials on record the following points have been framed.
- Is the complainant a consumer?
- Are the OPs deficient in service?
- Is the complainant entitled to get any relief as prayed for?
Dictated & Corrected by me
Member Cont….3/-
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C. C. CASE NO. 411/2016
Decision with Reasons:-
From the documents and evidence of the complainant it is seen that the complainant has booked the OP’s transport company for transportation of his personal belongings from Bangalore to Haldia Township and a total 77 articles packed in 16 boxes have been sent from the original point to its destination but on delivery the complainant received 15 boxes out of 16. The rest box being no- 611402 has not been handed over to the complainant. As per the advice of the OP 2 the complainant contacted the O.P No: 1 but the box could not be traced out. Here the OPs took carriage charge for such transportation and it is clear that the complainant did not receive one box as stated above. The unchallenged testimony of the complainant proves his case.
Therefore, we hold the view that the complainant is a ‘consumer’ as defined in Section 2(1)(d) of the C.P Act,1986 and the OPs are deficient in service by not providing the desired box to the complainant.
Therefore the case of the complainant is succeeded.
As the complainant is not able to prove the value of the contents of the lost box we are not inclined to award any amount in respect of the value of the goods. But considering the facts of the case we are of the view that an amount of Rs. 6,000/- as compensation is just and proper in order to mitigate the grievances of the complainant. As the case has been conducted by the CAB no order of litigation cost is awarded.
Hence
It is ordered the Consumer Complaint being No: C.C 411 of 2016 is allowed ex-parte against the Ops but in part.
The OPs are jointly and severally directed to pay compensation of Rs. 6,000/- to the complainant within two months from the date of this order i.d. the complainant may put the order under execution by filing an execution application as per the provision of C.P Act,1986.
Let free copy be given to the parties concerned as per C.P.R 2005.
Member President
Dictated & Corrected by me
Member
