ORDER

SRI.H.R. SRINIVAS.  PRESIDENT

1.     This is the Complaint filed by the Complainant against the Opposite Party (herein referred to as OP) under Section 35 of the Consumer Protection Act 2019 for the deficiency in service in not handing over the goods entrusted to OP to be carried from Bangalore to Kolkatta and for value of the goods i.e. Rs.12,00,000/- and Rs.2,000/- for litigation expenses and Rs.1,00,000/- as compensation for causing him mental torture and harassment and for such other reliefs as the Hon’ble District Commission deems fit.

2.     The Brief facts of the complaint are that: the complainant is stationed at Bangalore, he wanted to relocate to Kolkatta by shifting his house hold articles. He booked with OP transport service the items such as:

1) Steel Almerah       -       3 Nos.

2) Steel Box              -       20 Nos

3) Wooden Box          -       20 Nos

4) Gunny Bags          -       10 Nos

5) Wooden Cot           -       2 Nos

6) Refrigerator         -       1 Nos

7) Air Conditioner     -       1 No

8) Washing Machine -        1 No

9) Cartoon Box          -       20 Nos

10) Sofaset               -       3 Nos

11) Dining Table with Chairs- 1 No.

       worth Rs.12,00,000/- by paying Rs.60,000/- towards transportation charges. It is mentioned in the complaint that the said items were taken to the possession of OP through the truck No.TN28-AY6779 and assured that the same would reach the destination within 10 days from the date of receipt i.e. 05.12.2020. He wrote a letter to OP on 22.12.2020 calling upon him several times to know whereabouts of the consignment and the location of the truck. He also visited several times the OP Company but no one took any initiation to locate the house hold articles handed over to the OP for transportation. In fact, he was threatened by the employees of OP in filthy language. He sent a regd. Letter through Speed post enquiring regarding the consignment, for which OP refused to receive the said letter. He made a complaint to Madanayakana halli Police station of Nelamangala Sub-Division on 18.01.2021 to know the whereabouts of Choudhary Transport Co. i.e. OP and one Mr. Seetharam came to the police station and collected the said speed post and told that he would hand over the articles to him. Even then, he did not get the exact position as to where his consignment lying.  Ultimately, the police intimated him to approach the Consumer Forum. This complaint is within the time prescribed under Act. There is deficiency in service in not handing over the consignment to the destination and to the consignee and he has suffer financially, physically and prayed the forum to direct the OP to either handover the goods consignment handed over to OP for transportation or in the alternate to pay the value of the goods i.e. Rs.12,00,000/- and for refund of Rs.60,000/- given towards transportation and also litigation expenses and Rs.2,000/-and damages of Rs.1,00,000/-  by allowing the complaint.

3.     Upon the issuance of notice the same was returned unserved with a postal endorsement that the same is not claimed inspite of intimation. Hence this commission held that there was due notice of  the complaint and hence placed exparte.

4.     In order to prove the case, Complainant filed his affidavit evidence, examined himself as PW-1 and produced documents. Arguments heard. The following points arise for our consideration:-

1) Whether the complainant has proved deficiency in service on the part of the Opposite Party?

2) Whether the complainant is entitled to the relief prayed for in the complaint?

5.     Our answers to the above points are:-

POINT NO.1 :   In the Affirmative

POINT NO.2 :   Partly in the affirmative.

                        For the following.

REASONS

POINT No.1:-

6.     Complainant has produced affidavit evidence reiterating the contents of complaint and has also produced Ex.P1 the consignment note bearing No.505 dated 05.012.2020 wherein, it has received totally 86 items in packages for transportation from the complainant to be transferred from Bangalore to Sagram Grah post, Kolkatta, Bengal. It is also mentioned there as door to door delivery and the truck number mentioned as TN28-AY6779. It is also collected Rs.60,000/- as transportation charges in order to transport the said items. It is also mentioned therein that the said articles are old used house hold goods approximate value of it is Rs.12,00,000/- only. Ex. P2 is the receipt issued by OP towards transportation charges of Rs.60,000/- which it has received through cash. Complainant has written letter to the OP requesting him to inform the whereabouts of the articles and also the location of the truck as the same has not reached the destination, the copy of which is marked to the owner of the said lorry one Mylswamy of Thottiyapatti of Trichi. This is dated 22.12.2020. 

7.     When this is taken into consideration, it is very well clear that OP being a transport company though received Rs.60,000/- as transportation charges and took possession of 86 articles mentioned in the lorry receipt worth about Rs.12,00,000/- was not handed over the same at destination. Though complainant has requested OP to inform regarding the whereabouts of the consignment, OP has kept quiet and did not inform the same nor handed over the same at the destination or at Bangalore for having failed to transport the same. Either OP has not at all got the said items transported or the lorry driver/owner might have stolen the said articles during the transportation or they have misused the said items for their own purpose.  OP is answerable for the whereabouts of the consignments. Though he was issued notice, the same was returned unclaimed. In view of this we have to hold there is deficiency in service on the part of OP in not handing over the consignment to the consignee at destination. Further if at all, the said consignment was handed over at the destination, OP would have stated so before this Commission.  In view of this, we have to presume that OP failed to handover the consignment at destination though having collected Rs.60,000/- towards transportation charges. Hence we answer POINT NO.1 IN THE AFFIRMATIVE.

POINT No.2.

8.     In the result, OP is either liable to return the goods received by it, for transportation from the complainant or its value i.e Rs.12,00,000/- as declared in the lorry receipt marked as Ex.P1. OP is also liable to refund Rs.60,000/- collected from the complainant towards lorry transportation charges since OP has failed to deliver the goods entrusted. Further OP is also liable to pay a sum of Rs.25,000/- as damages for causing immense mental agony and strain to the complainant besides physical hardship making him to visit the OP office and also the police station. Act of OP made the complainant to file the complaint for which, he has spent time, money and energy. Hence we direct OP to pay a sum of Rs.2,000/- towards litigation expenses. Hence we answer POINT NO.2 PARTLY IN THE AFFIRMATIVE and pass the following:

ORDER

1.  The complaint is allowed in part with cost.

2. OP i.e. M/s Choudhary Transport Co. represented by its Owner/Authorized Signatory is hereby directed to return the goods received from the complainant or to pay a sum of Rs.12,00,000/- i.e. value of the goods as declared in the lorry receipt to the complainant. Further OP is also liable to refund Rs.60,000/- collected from the complainant towards lorry transportation charges along with 12% per annum from 05.12.2020 till payment of the entire amount.

3. Further OP is hereby directed to pay to the complainant a sum of Rs.25,000/- towards damages and Rs.2,000/- towards cost of the litigation expenses.

4. OP is hereby directed to comply the above order within 30 days from the date of receipt of this order and submit the compliance report to this commission within 15 days thereafter.

5. Send a copy of this order to both parties free of cost.

Note: You are hereby directed to take back the extra copies of the Complaints/version, documents and records filed by you within one month from the date of receipt of this order.

(Dictated to the Stenographer over the computer, typed by him, corrected and then pronounced by us in the Open Commission on this day the 30^th  day of SEPTEMBER 2021)

MEMBER                       PRESIDENT

ANNEXURES

1. Witness examined on behalf of the Complainant/s by way of affidavit:

Copies of Documents produced on behalf of Complainant/s:

Ex P1: Copy  of the lorry receipt Dt: 05.12.2020 for having handing over the articles transported from Bangalore to Kolkatta.

Ex P2: Copy of the receipt Dt.05.12.2020 for a sum of Rs.60,000/- to OP.

Ex P3: Copy of the letter written by the complainant to OP.

Ex P4: Acknowledgment received refusing to receive the notice.

 2. Witness examined on behalf of the Opposite party/s by way of affidavit:

RW-1: - Nil-

Copies of Documents produced on behalf of Opposite Party/s

- Nil-

MEMBER                      PRESIDENT

RAK*