BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
CACHAR :: SILCHAR
Con. Case No. 16 of 2018
Sri E. Sandip Singha
S/o Sri Tarun Kumar Singha
Lakhipur Purnagaram, Ward No.10 Cachar, ……………………….. Complainant.
-V/S-
M/S New Karnataka Cargo Movers,
Shop No.3, Gurudwara Singh Sabha,
Opp.2 Block, Subash Nagar, Delhi-110018 ………………………….. Opp. Party
Present: - Sri BishnuDebnath, President,
District Consumer Forum,
Cachar, Silchar.
Shri Kamal Kumar Sarda, Member,
District Consumer Forum,
Cachar, Silchar.
Appeared: - Ng. Rama Kanta Singh Advocate for the complainant.
None for O.P
Date of Evidence 03-01-2019
Date of written argument 21-02-2019
Date of oral argument 14-03-2019
Date of judgment 25-03-2019
JUDGMENT AND ORDER
Sri Bishnu Debnath,
1. This complaint case is brought by Sri E. Sandip Singha against M/S New Karnataka Cargo Movers (referred as O.P) for award of compensation and refund the value of the articles including cost of the proceeding under the provision of the Consumer Protection Act,1986.
2. Brief facts:-
The complainant booked consignment of house hold articles at New Delhi with the O.P for delivering the same to his house at Lakhipur, Cachar, Assam. The said consignment No.475 dated 04-06-2017 was booked on payment of Rs. 19,000/- inclusive Rs.1,000/- as insurance charge but the said consignment did not deliver to his home address. For which on several contact the official of the O.P did neither response nor delivery the articles. Hence, this complainant case is brought for reliefs stated above.
3. The O.P did not respond on serving the notice of this District Forum. For which this case is proceeding exparte against the O.P.
4. During hearing the complainant submitted deposition supporting affidavit and also exhibited relevant documents including consignment note No.475 dated 04-06-2017. After closing evidence submitted written argument.
5. I have also heard oral argument of the Ld. Advocate of the complainant and perused the evidence on record. The Complainant by adducing oral evidence on affidavit supported the case story brought before this District Forum through the Complaint. Not only that but also by exhibiting consignment note vide Ext.1 has established the fact that the said consignment contain Almira-2, Cartoon-10, Table-3, Airbags-4, Rack-2 and Tools-3. The Complainant further deposed that value of those articles in total was 1,50,000/- approximately and same was booked with O.P. for consignment charge of Rs.19,000/-. Receipt of Rs.19,000/- is not produced by the Complainant. Moreover, the Ext.1 did neither reflect value of articles nor total amount receive for delivery of the article to the home of the Complainant.
6. Anyhow, in this case the Complainant adduced evidence on oath to state that he paid total charge Rs.19,000/- for value of the article of Rs.1,50,000/-. The said fact is remain un-rebutted in the evidence on record due to non-appearance of the O.P. So, at this stage, I have accepted the aforesaid fact that the Complainant handed over the article valued Rs.1,50,000/- to the O.P at New Delhi to deliver to his home address at Lakhipur, Cachar but the O.P did not deliver the same.
7. As such in this case I have found the evidence of disservice against the O.P. So, O.P is directed to deliver the aforesaid articles to the home address of the complainant and pay compensation for mental agony of RS.20,000/- and cost of the proceeding of Rs.5,000/- within 45 days from today. If the O.P fail to deliver the article then the value of the articles of Rs. 1,50,000/- to be paid by the O.P to the complainant within 45 days from today. In default, the O.P is to pay interest @ 10% per annum on the total awarded amount of Rs. 1,50,000 +25.000=1,75,000/- from the date of passing the award till realization of full.
8. With the above, this case is disposed of on exparte. Supply free certified copy of judgment to the parties of this litigation. Given under my hand and seal of this District Forum on this the 25th day of March,2019.
