Haryana

Ambala

CC/109/2020

M/s Beweli Healthcare India - Complainant(s)

Versus

M/s Patel Retail - Opp.Party(s)

Mewa Ram

19 Mar 2021

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

 

                                                                      Complaint case No.:  109 of 2020

                                                                       Date of Institution  :   20.04.2020

                                                                       Date of decision     :   19.03.2021

M/s Bewell Healthcare India #208, Food Park, Saha-133104, Haryana, through its proprietor Amit Aggarwal.

……. Complainant.

 

1.       M/s Patel Retail now new name M/s Stellar Innovative Logistics Pvt. Ltd., @ M/s Stellar Value Chain Solutions Pvt. Ltd. Gandhi Mansion, 20 Altamount Road, Mumbai-400026.

2.       The Branch Manager, M/s Patel Retail now new name M/s Stellar Innovative Logistics Pvt. Ltd. Plot No.44, Timber Market, Near Transport Area, Sector-26, Chandigarh

3.       Shiv Kumar Booking Agent M/s Patel Retail now new name M/s Stellar Innovative Solutions Pvt. Ltd. 1363, Hargulal Road, Ambala Cantt-133001.

                                                                                                         

           ….…. Opposite Parties.

 

Before:        Ms. Neena Sandhu,  President.

                   Ms. Ruby Sharma, Member,

Sh. Vinod Kumar Sharma, Member.          

                            

Present:       Shri Mewa Ram Sounti, Advocate, counsel for complainant.

OPs No.1 to 3 already exparte.

 

 

Order:        Smt. Neena Sandhu, President

Complainant has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

1. To pay Rs.63,654/- (60,275/- i.e. value of three consignments + Rs.3,379/- i.e. transportation/consignment charges) to the complainant alongwith interest @ 24% p.a., from the date of filing of application dated 10.06.2019, till its realization.
2. To pay Rs.50,000/- as compensation for the mental agony and physical harassment suffered by him alongwith cost of litigation.
382.  

Any other relief which this Hon’ble Commission may deem fit.

 

Brief facts of the case are that Shri Amit Aggarwal is the proprietor of M/s Bewell Healthcare India. On 01.06.2019, he booked three consignments worth Rs.60,275/- with OP-company, vide GRN Nos.B-817114, 817115, 817116. He paid Rs.3,373/- as transportation/consignment charges against these consignments. After 3-4 days, complainant confirmed on phone from the office of the OP-company, about the status of consignments and it was told to him that all the three consignments were completely damaged in fire at Gurgaon hub. He filed an application for claim, before the OP-company. On 10.06.2019, he requested the OPs through mail for a payment of claim amount of Rs.63,648/- against the said consignments including transportation charges, but they did not reply. On 22.06.2019, he again requested the OPs through mail for the payment of claim amount, but same was not replied. On 24.06.2019, Tanuj Sharma of Chandigarh Branch of the OP-company, replied that he had checked the dockets and found that the consignments were booked at the owner risk and the OP-company is liable to issue COF only. Inspite of having all the records of GRNs/Dockets in OPs office, Tanuj Sharma, asked him to supply the copy of dockets for more clarity. In fact he had already submitted the copies of bills and GRNs for claim to Mr. Shiv Kumar, Booking Agent at Ambala Cantt. on 10.06.2019. Inspite of that he again sent the copies of GRNs through mail. But no reply from any OP ends after it. He sent a reminder through mail on dated 01.07.2019, for payment of claim amount, but he received a shocking reply from Tanuj Sharma of Chandigarh Branch that he has not received the claim documents yet. He made several calls and also visited the office of the OPs at Ambala and Chandigarh to get the claim, but they were delaying the matter on one pretext or the other. On 6^th August, he sent a notice to the OP-company for payment of the claim. Tanuj Sharma replied that the moment the OP-company will get the claim from the insurance company and the company will pay the claim in proportionate to the loss suffered by him. By not paying the claim amount, the OPs have committed deficiency in providing services. Hence, the present complaint.

2.                 Separate notices were issued to OPs No.1 to 3, but none has turned up on their behalf, accordingly OPs No.1 and 3 were proceeded against ex parte vide order dated 06.01.2021 and the OP No.2 was proceeded against ex parte vide order dated 24.02.2021.

3.                To prove his version, the ld. counsel for the complainant tendered affidavit of Shri Amit Aggarwal Prop. M/s Bewell Healthcare India, # 208 Food Park, Saha District Ambala as Annexure CW1/A along with documents as Annexure C-1 to C-15 and closed the evidence on behalf of complainant.

4.                 We have heard the learned counsel for the complainant and carefully gone through the case file.

5.                 Annexure C-1, C-2 and C-3, are the invoices dated 01.06.2019, whereby the complainant sold certain goods items worth of Rs.13,165/- + Rs.35707.50 + Rs.11,403/- respectively, total amounting to Rs.60,275.50. From the consignor copy annexure C-4, C-5 and C-6, it is evident that the complainant had booked the Food Items with the OP-company to send it to its buyers/consignee and paid Rs.2173/-, Rs.600/- and Rs.600/- respectively as consignment/transportation charges. Perusal of the consignor copies Annexure C-9 and C-10, reveals that STELLAR has been mentioned in the Consignor Copy along with PATEL ROADWAYS . From the Annexure C-11 and C-12, it got cleared that STELLAR had acquired PATEL ROADWAYS LOGISTICS. The Ld. counsel for the complainant has contended that the Proprietor of the complainant booked three consignments with the PATEL ROADWAYS now known as STELLAR, to deliver it to the consignee/buyer. When the consignment did not reach the consignee then he inquired from the OPs, then the official of the OP-company told him that consignments, which were booked on 01.06.2019, got damaged in fire incident. Since, the consignments, got damaged in fire incident, therefore the proprietor of the complainant firm, lodged the claim with the OP company. On 06.08.2019, he received an E-mail from the official of the OP-company that the claim of the complainant is under process and waiting to get it cleared from the insurance company. The moment the OP-company will get the claim from the insurance company, the same will be passed on to the complainant. However, till date the OPs have not paid him the claim amount. This contention of the complainant went un-rebutted as the OPs inspite of service of the notice have preferred not to appear before this Commission. Meaning thereby, OPs have nothing to say in their defence, and thus, we have no other option, except to believe the version of the complainant, which is duly supported by his affidavit and other supporting documents. Since, the above said consignments of the complainant, which he booked with the OPs no.1 and 2 through OP No.3, got damaged in fire incident, therefore, we are of the view that the OPs No.1 and 2 are liable to pay the value of the goods, along with consignment/transportation charges to the complainant. They are also liable to compensate the complainant for causing, mental agony and physical harassment along with litigation expenses. The OP No.3, is merely a booking agent and is performing its duties for and on behalf of the OPs No.1 and 2. Even otherwise, neither any specific allegation has been levelled by the complainant against him nor it has been proved, therefore, no liability can be fastened against him and the complaint filed against him by the complainant is liable to be dismissed.

6.                In view of the aforesaid discussion, we hereby dismiss the present complaint against the OP No.3 and allow the same against OPs No.1 and 2. They are directed in the following manner:-

1. To pay Rs.63,654/- i.e. (Rs.60,275/- value of three consignments + Rs.3,379/- transportation/consignment charges) to the complainant alongwith interest @ 5% p.a. from the date of filing of the present complaint i.e. 20.04.2020, till its realization.
2. To pay Rs.5,000/- for causing mental agony and physical harassment to the proprietor of the complainant firm.
3. To pay Rs.3,000/- as litigation expenses to the complainant.

 

                   The OPs No.1 and 2 are further directed to comply with the aforesaid directions within the period of 45 days from the date of receipt of the certified copy of this order. Certified copies of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

Announced on: 19.03.2021.

 

 

 

          (Vinod Kumar Sharma)            (Ruby Sharma)               (Neena Sandhu)

              Member                                   Member                       President