Date of Filing: 04/07/2011
Date of Order: 23/08/2011
BEFORE THE I ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE - 20
Dated: 23rd DAY OF AUGUST 2011
PRESENT
SRI.H.V.RAMACHANDRA RAO,B.SC.,B.L., PRESIDENT
SRI.KESHAV RAO PATIL, B.COM., M.A., LL.B., PGDPR, MEMBER
SMT.NIVEDITHA .J, B.SC.,LLB., MEMBER
COMPLAINT NO. 1221 OF 2011
Sri. Saswata Sanyal,
S/o. Sri Shyamal Kumar Sanyal,
Aged About 28 years, No.4/409,
Anna Salai Street, Palavakkam,
CHENNAI-600 041.
(Rep. by In-person) Complainant.
-V/s-
(1) The Manager/Cashier,
M/s. ARVINDH ROAD CARRIERS,
No.12th Cross, Rajiv Gandhi Nagar,
H.S.R. Layout, Sector-7, Bommanahalli,
BANGALORE-560 068.
(2) The Manager,
H.O.No.46, 4th Cross,
B.M. Shri Nagar, Metagalli,
MYSORE-570 016.
(Absent though served) Opposite parties.
BY SRI.H.V.RAMACHANDRA RAO, PRESIDENT
ORDER
The brief antecedents that lead to the filing of the complainant made Under Section 12 of the Consumer Protection Act, seeking direction to the opposite parties to pay a sum of Rs.80,000/-, are necessary:-
The complainant had delivered Television, Sai Baba-Idols, Mix Luggage, Shoes, Speakers, Kitchen Items, Cloths, Mix items and one bag, Matresses, Steel Almiraha, Study Table, Plastic Table, Plastic Stools, Books, Tata Sky Antenna to the opposite parties for transportation from Bangalore to Chennai, which was collected by Mr. Arvind Sharma of the opposite party from the residence of the complainant, to be delivered at Chennai on 01.05.2011 and the opposite party has collected Rs.12,684/- as a transportation charges. The complainant had not received the cloths and also other items at Chennai. The complainant made several requests with the opposite parties they did not bother. The cloths were brand new and the complainant could not offord to purchase the same again. Even the ceiling fan, gas oven, water filter having 25 liters capacity were kept in the godown of the opposite parties at Bangalore without transportation. On verification it was found that it has not even dispatched and transported to the Chennai. When the complainant requested the opposite parties they have promised to return those items even then they have not returned. Hence the complainant is seeking Rs.50,000/- towards the value of the goods and compensation of Rs.30,000/-. The complainant has also written to the opposite parties they have sent back the letter with the false Shara.
2. The notice sent to the opposite parties is returned with Shara as “not claimed”. Hence under the circumstances it is held to be sufficient. Hence perused the records.
3. The points that arise for our consideration are:-
- Whether there is deficiency in service/unfair trade practice?
- What order?
4. Our findings on the above points are:-
Point (A):In the Positive
Point (B) : As per the final order
For the following:-
REASONS
POINT (A) to (B):-
5. Reading the complaint in conjunction with the documents on record, it is established that on 01.05.2011 the complainant had entrusted Television, Sai Baba-Idols, Mix Luggage, Shoes, Speakers, Kitchen Items, Cloths, Mix items and one bag, Mattresses, Steel Almiraha, Study Table, Plastic Table, Plastic Stools, Books, Tata Sky Antenna to the opposite parties at Bangalore, which was collected by Mr. Arvind Sharma of the opposite party at the residence of the complainant at No.870, 13th Main, Srinivasa Nagar, BSK-Ist Stage, Bangalore, and the complainant also paid Rs.12,684/- as the transportation charges. When once the opposite parties accepted these materials for transportation and collected the money it was incumbent on the part of the opposite parties to deliver the same at Chennai without any default.
6. It is further established that the cloths were not delivered and ceiling fan, gas oven, water filter were not even dispatched from the Bangalore, but it is kept in the godown of the opposite parties and when enquired the opposite parties gave an evasive and rude answer to the complainant stating that “if you want you can take legal action against us or you can contact the driver of the vehicle”. This is nothing but an unfair trade practice. Any businessmen had to serve the humanity for which purpose he has collected the money. But in this case the opposite parties though collected the money have not discharged their duties. Their obligation under the contract under the service is not to keep the materials of the complainant with them without transportation and deny or delivery of the materials to the complainant either at Bangalore or at Chennai, but its transport and deliver. As it has not been done it is nothing but an unfair trade practice and deficiency in service.
7. Here the complainant in good faith delivered these materials for transportation to the opposite party, but the opposite party who is doing big business/service of transportation though collected the charges failed to do so. It has incumbent on the part of the opposite parties to deliver safely at Chennai. As it has not been done the act of the opposite parties is misappropriation or mal-appropriation or not doing service as per the terms is nothing but an unfair trade practice.
8. Here what is the value of the goods that has been not delivered is not supported by any documents except the self-serving statements of the complainant, there is no other material. Even the detail of the cloths which has been not delivered has not been intimated. Hence under these circumstances if we direct the opposite parties to pay Rs.38,000/- to the complainant we think that will meet the ends of justice. The complainant is also entitled to Rs.2,000/- as costs of this litigation. Under these circumstances for the reasons stated supra we hold the above points accordingly and proceed to pass the following:-
ORDER
1. The complaint is Allowed-in-part.
2. The opposite parties are directed to pay a sum of Rs.38,000/- to the complainant within 30 days from the date of this order, failing which they shall pay the said amount with interest at the rate of 12% per annum from 01.05.2011 until payment within 60 days.
3. The opposite parties are also directed to pay Rs.2,000/- to the complainant towards cost of this litigation.
4. The opposite parties are directed to send the amounts as ordered at Serial Nos. 2 & 3 above through DD by registered post acknowledgment due to the complainant and submit the compliance report to this Forum with necessary documents within 45 days.
5. Return the extra sets filed by the parties to the concerned as under Regulation 20(3) of the Consumer’s Protection Regulation 2005.
6. Send a copy of this order to the complainant free of costs, immediately.
(Dictated to the Stenographer, transcribed and typed by him, corrected and then pronounced by us in the Open Forum on this the 23rd Day of August 2011)
MEMBER MEMBER PRESIDENT
