BEFORE THE DISTRICT FORUM:KURNOOL
Present: Sri K.V.H.Prasad, B.A., LL.B., President
And
Smt C.Preethi, M.A., LL.B., Member
Friday the 6th day of July, 2007
C.C. No.52/2007
M/s Mehta Mahendra Kumar Prakash Kumar, Represented by its Proprietor, Prakash Kumar,
R/o D.No.38/16, Minchin Bazar, Opp. Pedda Ammavarisala, Kurnool. ... Complainant
-Vs-
1) M/s Deluxe Roadlines Private Limited, Represented by its Agent,
Shop No. 38/158 A, Yerraburu, Kurnool.
2) M/s Deluxe Roadlines Private Limited, Represented by its Managing Director,
Registrar Office No.79, 4th Cross, N.R. Road (Kumbergundi Road), Bangalore-560 002. ... Opposite Parties
This complaint coming on this day for hearing in the presence of Sri.M.Sivaji Rao, Advocates, Kurnool for Complainant, and Opposite Party No.1 and 2 called absent set exparte upon the perusing the material papers on record, the Forum made the following:
ORDER
(As per Smt. C. Preethi, Member)
1. This consumer complaint of the Complainant is filed U/s 12 of C.P. Act., 1986, seeking a direction on the Opposite Parties to pay value of lost goods of Rs. 16,000/- with 24% P.A., Rs. 10,000/- as compensation for mental agony, cost of the complaint and any other relief or reliefs which the Complainant is entitled in the circumstances of the case.
2. The brief facts of the Complainants case is that the Complainant is the proprietor of M/s Mehta Mahendra Kumar Prakash Kumar and he booked a consignment of bale of cloths on 24-06-2004 worth Rs. 16,000/- to Sri Asha Pura Textiles, Ahemedabad vide G.C. note bearing No. 146839 and Opposite Party No. collected Rs. 200/- for booking the said consignment. But the said goods have not reached the consignee i.e., Asha Pura Textiles. The Complainant requested the Opposite Party to trace out the lost goods but in vain. Thereafter, the Complainant on 08-09-2006 got issued legal notice to Opposite Party No.2 and in turn Opposite Party No.2 vide letter dated 12-09-2006 requested that Complainant send xerox copy of consignee copy and invoice copy for further needful. The Complainant on 20-09-2006 send the said documents and there was no reply, hence on 23-10-2006 the Complainant got issued second legal notice to Opposite Party No.2 demanding to pay the value of lost goods of Rs. 16,000/- to this notice also there was no reply and the Complainant was forced to pay Rs. 16,000/- towards value of lost goods to the consignee. As there was no response from Opposite Parties the Complainant resorted to the Forum for redressal.
3. In support of his case the Complainant relied on the following documents viz., (1) Consignee’s copy date 24-06-2004 (2) Consginors copy dated 24-06-2004 (3) Office copy of legal notice dated 08-09-2006 along with postal receipt and acknowledgement (4) letter dated 12-09-2006 of Opposite Party No.2 to the Complainant (5) Letter dated 19-09-2006 of Complainant addressed to Opposite Party No.2 along with courier receipts and (6) Office copy of second legal notice dated 23-10-2006 along with postal receipt and acknowledgement besides to the sworn affidavit of the Complainant in reiteration of his complaint avernments and the above documents are marked as Ex.A1 to A6 for its appreciation in this case.
4. In pursuance to the notice of this Forum as to this case of the Complainant, the Opposite Party No.2 remained absent through out the case proceedings and Opposite Party No.1 also remained absent inspite of notice in paper publication and both the Opposite Parties were made exparte.
5. Hence, the point for consideration is to what relief the Complainant is entitled alleging deficiency of service on part of Opposite Parties?
6. The case of the Complainant is that on 24-06-2004 the booked a consignment with Opposite Parties to Sri Asha Pura Textiles, Ahamedabad vide Ex.A1 and A2 dated 24-06-2004. The said consignment did not reach Asha Pura Textiles. Inspite of several requests and demands the Opposite Parties failed to return the said consignment. Hence, the Complainant on 08-09-2006 got issued a legal notice vide Ex.A3, the Opposite Party No.2 vide Ex.A4 dated 12-09-2006 replied requesting the Complainant to send xerox copy of consignee copy and invoice copy. There after, vide Ex.A5 dated 19-09-2006 the Complainant sent the said requirements to Opposite Party No.2 and even after receipt of said letter there was no reply. Hence, the Complainant vide Ex.A6 got issued another legal notice dated 23-10-2006 to the Opposite Parties and inspite of receiving the said notice the Opposite Parties did not care to reply. Hence resorted to the Forum for redressal.
7. All the above material filed by the Complainant in unitone says that the Complainant booked a consignment but it did not reach its destiny i.e., Asha P:ura Textiles, Ahamedabad and the cost of the consignment is Rs. 16,000/- is mentioned on Ex.A1 and A2. For non delivery of said consignment the Complainant had to pay the value of the lost goods to Asha Pura Textiles. Hence, there appears every deficiency of service on part of Opposite Parties in non delivery of the goods booked by the Complainant to its consignee. Therefore, the Complainant is perfectly entitled for the return of value of lost goods. As the Opposite Parties driven the Complainant to the Forum the Complainant is also entitled to costs of Rs. 1,000/- and the Opposite Parties by their lethargic conduct did not delivery the booked consignment to its consignee is sufficient for the Complainant to suffer immense mental agony. Hence, the Complainant is also entitled to compensation of Rs. 5,000/-.
8. In the result, the complaint is allowed, directing Opposite Parties jointly and severally to pay to the Complainant the value of the lost goods i.e., Rs. 16,000/- along with costs of Rs. 1,000/- and compensation of Rs. 5,000/- within a month of receipt of this order. In default the Opposite Parties are jointly or severally liable to pay the supra awarded amount with 9% interest from the date of default till realization.
Dictated to the Computer Operator transcribed by him, corrected and pronounced in the Open bench on this the 06th day of July, 2007.
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant: Nil For the opposite party: Nil
List of exhibits marked for the complainant:-
Ex.A1 Consignee’s copy date 24-06-2004
Ex.A2 Consginors copy dated 24-06-2004
Ex.A3 Office copy of legal notice dated 08-09-2006 along with postal receipt and acknowledgement
Ex.A4 Letter dated 12-09-2006 of Opposite Party No.2 to the Complainant
Ex.A5 Letter dated 19-09-2006 of Complainant addressed to Opposite Party No.2 along with courier receipts
Ex.A6 Office copy of second legal notice dated 23-10-2006 along with postal receipt and acknowledgement
List of exhibits marked for the opposite party:- Nil
MEMBER PRESIDENT
Copy to:-
1. Sri. M. Shivaji Rao, Advocate, Kurnool.
2. Opposite Party No.1 and 2.
Copy was made ready on:
Copy was dispatched on:
Copy was delivered to parties:
