BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM, JALANDHAR.
Complaint No.296 of 2017
Date of Instt. 21.08.2017
Date of Decision: 22.11.2017
Vishal Soni, Partner M/s Shri Bala Ji Agencies, 175-A, Shiv Nagar, Sodal Road, Jalandhar City. (Mobile No.98784-52134)
..........Complainant
Versus
1. M/s Deepak Vasudev Goods Carriers, Head Office: Patel Chowk, Near Haldi Handi Restaurant Jalandhar (Phone No.0181- 2403615).
Shri Ramesh Kumar, Manager, M/s Deepak Vasudev Goods Carriers, Head Office: Patel Chowk, Near Haldi Handi Restaurant Jalandhar (Mob No.90419-73167)
Shri Ashok Sharma, Manager M/s Deepak Vasudev Goods Carriers, Head Office: Patel Chowk, Near Haldi Handi Restaurant Jalandhar (Mob No.98150-17669)
..….…Opposite parties
Complaint Under the Consumer Protection Act.
Before: Sh. Karnail Singh (President)
Sh. Parminder Sharma (Member)
Present: Complainant in person.
OP No.1 to 3 exparte.
Order
Karnail Singh (President)
1. This complaint is presented by the complainant, wherein alleged that the OPs are running their business of transportation of goods having its head office at Patel Chowk, Near Haldi Handi Restaurant, Jalandhar. The OP No.1 and 2 are working as managers in the above said transport company and looking after all the business of the booking on behalf of the company. The complainant booked 7 parcels of goods on 03.05.2017 ex-Jalandhar to Amritsar against Goods Receipt No.71478 and freight charges were to be paid of Rs.260/-. The goods were to be delivered within 2 days of the date of booking but the OPs delivered only 6 parcels out of 7 parcels to the consignee and one parcel containing facial kit was lost in transit and the complainant is approaching time and again to the OPs to know whereabouts of the goods booked but no heed is paid by the transporter. The OPs are prevaricating the matter on one and the other pretext. Inspite of repeated visits of the complainant, the OPs neither gave any satisfactory reply nor are telling regarding whereabouts of the goods booked by him and it is a clear cut negligence on the part of the OPs and value of the goods booked by the complainant, which was lost in transit was having Rs.38,000/- and accordingly, the instant complaint was filed with the prayer that the complaint of the complainant may be accepted and OPs be directed to pay Rs.38,000/- alongwith compensation of Rs.1,00,000/- and litigation expenses of Rs.10,000/-.
2. Notice of the complaint was given to the OPs, but despite service all the OPs did not come present and ultimately, all the OPs were proceeded against exparte.
3. In order to prove his exparte claim, the complainant himself tendered into evidence his own affidavit Ex.CA alongwith some documents Ex.C1 to Ex.C6 and closed the exparte evidence.
4. We have heard the complainant in person and also gone through the case file very minutely.
5. After taking into consideration the submission of the complainant as well as from the scrutiny of the documents, it is established on the file by the complainant that he got booked 7 parcels with the OPs carrier on 03.05.2017, after making the payment of the freight charges of Rs.260/- and receipt issued by the OP is proved on the file Ex.C3, wherein mentioned that the goods booked from Jalandhar and reached to destination Amritsar and it is also mentioned that there are 7 parcels but as per the version of the complainant, out of 7 parcels, 6 parcels were delivered and one parcel was lost during transit and regarding that the complainant informed the OP, vide letter Ex.C3 dated 15.05.2017, which was received by the manager of the OP, namely Ramesh, despite knowing these facts, the OPs remained silent, it means the version of the complainant is virtually true and correct, if one parcel is not lost, then the OP must immediately approached to the complainant and made known that all 7 parcels were delivered to the consignee, but the silence of the OPs itself established that one parcel is lost during transit and its price is assessed by the OP as Rs.38,000/-, which is not controverted by the OP being reason the OP not appeared, despite service. So, under these circumstances, we are of the opinion that the claim of the complainant is exparte proved and therefore, the complaint of the complainant is exparte partly accepted and all the OPs are directed to pay the cost of the one parcel booked by the complainant i.e. Rs.38,000/- to the complainant and further OPs are directed to pay compensation of Rs.5000/- for harassment to the complainant and litigation expenses of Rs.2000/-. The entire compliance be made within one month from the date of receipt of the copy of order.
6. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Parminder Sharma Karnail Singh
22.11.2017 Member President
