ORDER

BY SRI.H.R.SRINIVAS, PRESIDENT.

1.     This is the Complaint filed by the Complainant under Section 12 of Consumer Protection Act 1986, against the Opposite Party (herein referred in short as O.P) alleging the deficiency in service in not paying the value of the goods destroyed during the transportation and for refund of  Rs.48,887/- along with interest on the said amount and on the entire value of the goods, Rs.10,000/-for causing mental agony and torture and Rs.5,000/- towards legal notice and litigation expenses and to pass such other reliefs as this forum deems fit.

2.     The brief facts of the complaint are that: the Complainant is a proprietary concern dealing with industrial electronic products such as Capacitors for AC drives, and other electronic goods and gadgets. OP is a limited company doing courier and transport business. Complainant booked five capacitors for AC drive enclosed in waterproof, cardboard box and entrusted the same to the OP for transportation of the same from Bangalore to Honad, Khopli Taluk, Kolhapur district and the consignment No. bearing 39079020856 dated 24.12.2016 by paying Rs.240/- towards fright charges.  The value of five (5) capacitors including duties and tax was Rs.64,187/- It was informed on 26.12.2016 at 3 p.m by OP that the said materials were burnt  in a fire accident in their godown and requested to provide the invoice and other documents and E-Sugam  documents since the same were also burnt. Complainant furnished the same.

3.     For the reasons best known to OP, it has shown under valuation of the goods whereas its invoice value was Rs.65,187/-. Email correspondence were made with OP and also issued legal notice to both offices of OP at Bangalore and Gujarath.  Inspite of service of the same, OP did not reply and complied with the demand of return of the value of the goods.

4.     After following up the same, on 16.1.2018, OP sent a cheque for Rs.16,300/- only against invoice amount of Rs.65,187/-. OP is liable to pay Rs.48,887/- along with interest. The cause of action for the complaint arose on 24.12.2016 when complainant handed over the five capacitors for transportation to OP and on 26.12.2016 when information received that the same was burnt and subsequently when  Op did not return the amount and hence the complaint.

5.     Upon service of notice to OP to the Rajkot address of Gujarat state, OP did not appear before the forum and hence by holding the service as sufficient placed ex parte.

6.     In order to prove the case, Complainant examined as PW-1 and filed its affidavit evidence and produced documents. Arguments Heard. The following points arise for our consideration:-

1) Whether the Complainant has proved

    deficiency in service on the part of the

    Opposite Party?

2) Whether the Complainant is entitled to

    the relief prayed for in the complaint?

7.     WE ANSWER:-

POINT NO.1:            In the Affirmative.

POINT NO.2:            Partly in the Affirmative.

                                For the following.

REASONS

POINT No.1:-

8.     On perusing the complaint, evidence and the documents filed byComplainant, it is clear that it entrusted five AC drive capacitors valuing Rs.65,187/- including duties and taxes for transportation to Honad, Khopoli Taluk, Kolhapur district to OP. This is borne out by Ex.P1 and P5. Ex.P4 is the E-sugam form wherein the complainant has to pay taxes to Government of Karnataka and the amount declared therein is Rs.65,187/-.  OP as per Ex.P1, acknowledged by issuing cash memo that has received electronic goods and declared value is Rs.5,000/- which has not been signed by either the complainant or its representative. The amount collected for transportation as per Ex.p1 is Rs.240/-.  Ex. P3 is the copy of the legal notice issued after writing letters through E-mail as per Ex.P6. On perusing the same though the same has not been replied, that one Deepak of OP informed at 3 p.m on 26.12.2016 that there was a fire accident in OP’s godown in Bengaluru and goods sent by the complainant along with the consignment note and documents were destroyed and requested to provide the consignment copies. From this, it becomes clear that the goods handed over to the OP for transportation has been destroyed by fire. 

9.     It is in the complaint that, only Rs.16,300/- has been paid against the value of the goods i.e. Rs.65,187/- by way of cheque bearing No.834235 dated 16.01.2018 drawn on YES Bank.  The same has not been either denied or controverted by OP.  When such being the case, it is the duty of OP to transport safely the goods entrusted and handover to consignee. In view of the destruction of the materials supposed to be transported by OP, we are of the opinion that there is deficiency in service on the part of the OP and hence we answer Point NO.1 in the affirmative and direct OP to pay Rs.48,887/- to the complainant along with interest at 12% per annum from 24.12.2016 on the full amount and on Rs.48,887/- from 17.1.2018 onwards.

10.   Further as soon as there was destruction of the goods handed over to OP for transportation due to fire, OP ought to have paid the said amount. Inspite of several correspondences through email and also by issuing legal notice also OP, did not care to pay the said amount which made the complainant to suffer mentally, financially and also has to file this complaint before this Forum to exercise its rights. This is all due to the careless and negligent attitude of OP in not settling the demand of the Complainant. Hence we order OP to pay a sum of Rs.10,000/- towards  damages and Rs.5,000/- towards litigation expenses and answer POINT NO.2PARTLY IN THE AFFIRMATIVE and pass the following:-  

ORDER

1. The Complaint is allowed in part with cost.
2. OP i.e. M/s SHREE TIRUPATI COURIER SERVICES PVT., LTD., represented by its Authorized Signatory is hereby directed to pay a sum of Rs.48,887/- to the complainant along with interest at 12% per annum from 24.12.2016 on the full amount of Rs.65,187/- and on Rs.48,887/- from 17.1.2018 onwards till payment. 
3. Further OP is hereby directed to pay a sum of Rs.10,000/- towards damages and Rs.5,000/- towards cost of the litigation expenses.
4. The O.P is hereby directed to comply the above order at within 30 days from the date of receipt of this order and submit the compliance report to this forum within 15 days thereafter.
5. Send a copy of this order to both parties free of cost.

Note:You are hereby directed to take back the extra copies of the Complaints/version, documents and records filed by you within one month from the date of receipt of this order failing which the same will be destroyed as per the C.P. Act and Rules thereon.

(Dictated to the Stenographer over the computer, typed by him, corrected and then pronounced by us in the Open Forum on this 1^st JULY 2019)

ANNEXURES

1. Witness examined on behalf of the Complainant/s by way of affidavit:

Copies of Documents produced on behalf of Complainant/s:

Ex P1: Original courier receipt.

Ex P2: Postal receipt.

Ex P3: Copy of legal notice dated 01.08.2017.

Ex P4: Copy of the way bill/road permit.

Ex P5: Invoice Bill.

Ex P6: Copy of letter through email.

Ex P7: Postal acknowledgment.

2. Witness examined on behalf of the Opposite party/s by way of affidavit:

-Nil-

Copies of Documents produced on behalf of Opposite Party/s

-Nil-

MEMBER                        PRESIDENT

A*