BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.347 of 2015

Date of Instt. 18.08.2015

Date of Decision :27.04.2016

M/s G.M.I.World, 4431, Dayal Nagar, Back Side TV Studio, Jalandhar-144002 through Inder Mohan son of Late Sh.Charan Dass, General Attorney.

..........Complainant

Versus

1. M/s Shree Mohan Roadlines, Head Office- XC-7251, Aram Nagar, New Delhi-110055 through its Managing Director/Partner/Prop./ Manager.

2. The Manager, M/s Shree Mohan Roadlines, 33, Kapurthala Road, Jalandhar-144008.

.........Opposite parties

Complaint Under Section 12 of the Consumer Protection Act.

Before: S. Bhupinder Singh (President)

Ms. Jyotsna Thatai (Member)

Sh.Parminder Sharma (Member)

Present: Sh.Inder Mohal, General Attorney on behalf the complainant.

Sh.Gaurav Aggarwal Adv., counsel for OPs.

Order

Bhupinder Singh (President)

1. The complainant has filed the present complaint under section 12 of the Consumer Protection Act against the opposite parties on the averments that complainant booked sports goods with the OP on 21.2.2015 vide VR No.33/101415 dated 21.2.2015 for transportation from Jalandhar (Punjab) to Rewa (MP) as per bill No.66 dated 21.2.2015 of Rs.28,966/-. The goods were to be delivered to M/s Sunil Traders, Kala Mandir Road, Rewa (MP) on payment of consideration of total amount of transport charges of Rs.1100/-. The said GR/VR was in the name of self and GR/VR alongwith bill etc was sent through Bank of Baroada, Rewa (MP) but the complainant did not hear about the said transported goods from the concerned party M/s Sunil Traders, Rewa (MP). Complainant enquired from the OP regarding the delivery of the said sports goods to the consignee as the OP could not deliver the goods to consignee without getting documents i.e. GR/VR from Bank of Baroda and without the consent of the complainant but the OP could not submit any proper reply to the complainant. The complainant also served legal notice dated 22.5.2015 but in vain. On such averments, the complainant has prayed for directed the Ops to pay value of the sports goods i.e. Rs.28966/- alongwith interest. He has also claimed compensation and litigation expenses.

2. Upon notice opposite parties appeared and filed written statement pleading that complainant got booked some goods vide GR No.33/101415 dated 21.2.2015 with the OP for transportation from Jalandhar to Rewa (MP) but complainant did not pay the transportation charges of Rs.1100/-. The GR was sent through Bank of Baroda. The goods were transported through OPS by the complainant to Rewa (MP) and are still lying in the office of Ops i.e. Nagpur Delhi Transport Company, near Old Head Post Office, Ghogar, Rewa (MP). Letter dated 27.8.2015 was also written to OP addressing the fact that the goods which were sent by complainant to Rewa(MP) to be delivered to M/s Sunil Traders are still lying in the office of above said transport company and nobody has come forwarded to their office for taking the delivery of the said goods. It is worthwhile to mention that the complainant has concocted this story to extort money from the OP. Even a letter dated 23.3.2015 was written by M/s Sunil Traders to GMI World i.e. complainant with regard to cancellation of the order placed by them from the complainant. The OP is still ready to deliver the goods to the complainant on receipt of payment of transportation charges at the cost and liability of the complainant. They denied other material averments of the complainant.

3. In support of his complaint, general attorney of the complainant has tendered into evidence affidavit Ex.CA alongwith copies of documents Ex.C1 to Ex.C10 and closed evidence.

4. On the other hand, learned counsel for opposite parties has tendered affidavit Ex.OP1/A alongwith copies of documents Ex.R1 to Ex.R3 and closed the evidence.

5. We have carefully gone through the record and also heard the learned counsels for the parties.

6. From the record i.e. pleadings of the parties and the evidence produced on record by both the parties, it is clear that complainant booked sports goods with the OP on 21.2.2015 vide VR No.33/101415 dated 21.2.2015 for transportation from Jalandhar (Punjab) to Rewa (MP) as per bill No.66 dated 21.2.2015 of Rs.28,966/-. The goods were to be delivered to M/s Sunil Traders, Kala Mandir Road, Rewa (MP) on payment of consideration of total amount of transport charges. The said GR/VR was in the name of self and GR/VR alongwith bill etc was sent through Bank of Baroda, Rewa (MP) but the complainant did not hear about the said transported goods from the consignee i.e. M/s Sunil Traders, Rewa (MP). The complainant enquired from the OP regarding the delivery of the said sports goods to the consignee as the OP could not deliver the goods to consignee without getting documents i.e. GR/VR etc from Bank of Baroda and without the consent of the complainant but the OP could not submit any proper reply to the complainant. The complainant also served legal notice to the Ops dated 22.5.2015 Ex.C2 but in vain. General Attorney of the complainant submitted that all this amounts to deficiency in service on the part of the OP qua the complainant.

7. Whereas, the case of the OP is that the complainant got booked some goods vide GR No.33/101415 dated 21.2.2015 with the OP for transportation from Jalandhar to Rewa (MP) but complainant did not pay the transportation charges of Rs.1100/-, that amount was payable by the consignee i.e. M/s Sunil Traders, Rewa (MP). The GR was sent through Bank of Baroda. Resultantly, the goods were transported through OPS by the complainant to Rewa (MP) and are still lying in the office of Ops i.e. Nagpur Delhi Transport Company, near Old Head Post Office, Ghogar, Rewa (MP). Letter dated 27.8.2015 Ex.R1 which was also sent by the complainant to Rewa (MP) to be delivered to the consignee i.e. M/s Sunil Traders are still lying in the office of above said transport company and nobody has come forwarded to their office for taking the delivery of the said goods. All this shows that complainant has built-up a concocted story to extort money from the OP. Even a letter dated 23.3.2015 bearing reference No.115/005 was written by M/s Sunil Traders to GMI World i.e. complainant with regard to the cancellation of the order placed by them from the complainant. The OP is still ready to deliver the goods to the complainant on receipt of payment of transportation charges at the cost and liability of the complainant. The Ops through affidavit of Subhash Malhotra prove these facts and stated on oath that the goods are still lying with the OP at Rewa (MP) as no person came from the consignee or from the complainant to receive the goods at Rewa (MP) on payment of transportation charges to the OP i.e. Nagpur Delhi Transport Company, near Old Head Post Office, Ghogar, Rewa (MP) with whom the said transported goods are lying undelivered. The learned counsel for the OPs submitted that there is no deficiency in service on the part of the OPs qua the complainant.

8. From the entire above discussion, we have come to the conclusion that complainant got booked sports goods worth Rs.28966/- as per bill dated 21.2.2015 Ex.C4 for transportation from Jalandhar to Rewa (MP) for delivery to consignee M/s Sunil Traders, Rewa (MP), on 21.2.2015 vide the GR Ex.C5. The transportation charges are to be paid by the consignee at Rewa (MP) on taking delivery of the goods.

9. Resultantly, the Ops transported the goods from Jalandhar to Rewa (MP) through Nagpur Delhi Transport Company, near Old Head Post Office, Ghogar, Rewa (MP) and the goods are still lying with that transport company as is evident from the letter written by transport company dated 27.8.2015 Ex.R1 to the OP stating that the goods which were sent by the complainant to Rewa (MP) for delivery to M/s Sunil Traders are still lying in their office and nobody from the side of consignee i.e. M/s Sunil Traders has come forwarded to their office for taking the delivery of the said goods. Not only this, the consignee has already cancelled the order by writing a letter dated 23.3.2015 with reference No.115/005 to the complainant. So the consignee did not come forwarded to take the goods transported by the complainant from Jalandhar to Rewa through the OP for delivery to consignee M/s Sunil Traders, Rewa and no person from the consignee came forwarded to get the delivery of the consignment. The OP has also written letter dated 26.5.2015 Ex.R3 to the complainant that goods are lying undelivered in their office at Rewa and the complainant are still at liberty to take the delivery of the consignment on payment of transportation charges as well as other demurrages as goods are being kept by the OP in safe custody for such a long period. All this shows that it is the complainant who has not taken the delivery of the goods nor paid the transportation charges to the OP nor submitted any reply to the OPs, letter dated 26.5.2015 Ex.R3 for disposal of the goods or deliver to someone else. The consignee M/s Sunil Traders have already cancelled the order with the complainant vide letter bearing reference NO.115/005 dated 23.3.2015. So all this shows that the complainant firm is at fault and not the OP. So there is no deficiency in service on the part of the OP qua the complainant. As such we hold that the present complaint is without merit and same is hereby dismissed with no order as to cost. Copies of the order be sent to the parties free of costs under rules. File be consigned to the record room.

Dated Parminder Sharma Jyotsna Thatai Bhupinder Singh

27.04.2016 Member Member President