THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR
Consumer Complaint No. 254-15
Date of Institution : 24.4.2015
Date of Decision : 5.11.2015
Sanjeev Kumar aged about 51 years Aggarwal Prop. Of M/s. Roshan Lal & Sons Damodar Market, Katra Ahluwalia, Amritsar ...Complainant
Vs.
M/s. Bikaner Assam Roadlines India Ltd., through its Prop./Partner/Director, Regd.Office , Shri Nagar Colony, Near Shakti Nagar Extension, Ashok Vihar Road, Delhi 52
M/s. Bikaner Assam Roadlines India Ltd., through its Branch Manager C/o M/s. Pooja Road Lines, Plot No. 29, Jai Inder Singh Transport Nagar, Jahajgarh, Amritsar (Punjab)
....Opp.parties
Complaint under section 12/13 of the Consumer Protection Act, 1986
Present : For the complainant :Sh. Manish Bansal,Advocate
For the opposite parties : Sh. Sham Sodhi,Advocate
Quorum : Sh. Bhupinder Singh, President ,Ms. Kulwant Bajwa,Member &
Sh.Anoop Sharma,Member
Order dictated by :-
Bhupinder Singh, President
1 Present complaint has been filed by Sanjeev Kumar under the provisions of the Consumer Protection Act alleging therein that he sent parcel of cloths worth Rs. 28,205/- as per bill No. 895 dated 25.11.2013 to his client Shanti Lal Jain at Gauhati through opposite parties vide GR No. 260030 dated 25.11.2013. According to the complainant consignee Shanti Lal approached opposite party at their Gauhati office to take delivery of the consignment and the opposite party charged Rs. 2133/- from the consignee . But the opposite party did not deliver the consignment to the consignee. Thereafter the consignee wrote letter dated 31.1.2014 to the opposite party at Gauhati regarding non delivery of the aforesaid consignment .Opposite party No.1 also issued leakage/shortage/damaged certificate dated 1.3.2014 to the complainant . The complainant lodged his claim with the opposite party for payment Rs. 30338/-. The opposite party through their office at Gauhati lodged complaint with the officer Incharge, GRPF, BG Railway Yard, New Gauhati for missing of goods . Upon which the police of New GHY, GRPF issued a non traceable certificate dated 7.12.2014 which was supplied by the opposite party No.1 to the complainant on 22.12.2014. The opposite party has failed to make payment of Rs. 30338/- of the lost goods and freight charges . Alleging the same to be deficiency in service complaint was filed seeking directions to the opposite parties to pay Rs. 30338/- cost of the goods and freight charged by them alongwith interest @ 18% p.a. Compensation of Rs. 20000/- alongwith litigation expenses were also demanded.
2. On notice, opposite parties appeared and filed written version in which it was submitted that opposite parties booked the goods and loaded in the truck for further destinaion as per usual practice in the transportation . The opposite party booked the goods from the booking station at Amritsar and sent thd goods to Chikambarpur. From Chikambarpur (Delhi UP border) the goods were booked in the railway from the Delhi Sabzi Mandi Railway Station to New Gauhati Railway Station. In transit there was shortage/missing of goods. The railway police, GRPF Railway Yard, New Gauhati was informed but the goods could not be traced. Therefore, the opposite party discharged its duty as a transporter and there is no deficiency of service on the part of the opposite parties . While denying and controverting other allegations, dismissal of complaint was prayed.
3. Complainant tendered into evidence his affidavit Ex.CW1/A alongwith documents Ex.C-2 to Ex.C-8.
4. Opposite parties did not appear at the stage of evidence and as such it was proceeded against ex-parte vide order dated 30.9.2015.
5. We have carefully gone through the pleadings of the parties, arguments advanced by the ld.counsel for the parties and have appreciated the evidence produced on record by the complainant with the valuable assistance of the ld.counsel for the complainant.
6. From the record i.e.pleadings of the parties and the evidence produced on record by the complainant, it is clear that complainant sent parcel of cloths worth Rs. 28,205/- as per bill dated 25.11.2013 Ex.C-1 to his client Shanti Lal Jain at Gauhati through opposite parties vide GR No. 260030 dated 25.11.2013. Consignee Shanti Lal approached opposite party at their Gauhati office to take delivery of the consignment and the opposite party charged Rs. 2133/- from the consignee as per receipt Ex.C-3. But the opposite party did not deliver the consignment to the consignee. Thereafter the consignee wrote letter dated 31.1.2014 Ex.C-4 to the opposite party regarding non delivery of the aforesaid consignment and claimed Rs. 30338/- from the opposite party. Opposite then got recorded comdplaint to GRPF, BG Railway Yard, New Gauhati vide letter Ex.C-5 dated 8.12.2014 to the effect that the truck bearing No. AS-02-CC-3045 of the opposite party which was carrying the consignment of the complainant was parked in B.B. Yard of Railways, New Gauhati when some person has stolen the consignment of the complainant from the said truck. Opposite party also issued leakage/shortage/damaged certificate Ex.C-2 in this regard thereby they have admitted that the complainant or consignee have suffered loss to the tune of Rs. 30,338/- i.e. Rs. 28205/- as price of the goods in the parcel and Rs. 2133/- charged by the opposite party vide receipt Ex.C-3. But the opposite party did not pay this amount to the complainant (consignor) or to the consignee. Ld.counsel for the complainant submitted that all this amounts to deficiency of service on the part of the opposite parties qua the complainant.
7. Whereas the case of the opposite parties is that the opposite parties booked the goods of the complainant from the booking station at Amritsar and sent the goods to Chikambarpur (Delhi UP Border) and then the goods were booked in the railway from Delhi Sabzi Mandi Railway Station to New Gauhati Railway station and in transit there was shortage/missing. In this regard Railway police GRPF Railway Yard, New Gauhati was informed but the goods could not be traced out. Opposite parties discharged its duty as a transporter , as such there is no deficiency of service on the part of the opposite parties qua the complainant. So it is the railway that lost the goods in transit. The opposite parties are not negligent in delivering their services. Ld.counsel for the opposite parties submitted that there is no deficiency of service on the part of the opposite parties qua the complainant.
8. From the entire above discussion, it stands fully proved on record rather it is the admitted case of the opposite parties that the complainant booked the goods with the opposite party vide GR No. 260030 dated 25.11.2013 for transportation from Amritsar to Gauhati and for delivery to Sh. Shanti Lal Jain at Gauhati. Opposite parties further admitted in their written version that they sent the goods through their truck to Chikambarpur (Delhi UP Border) . Thereafter the opposite parties booked the goods in the railway from Sabzi Mandi Railway Station, Delhi to New Gauhati Railway station and the goods were lost in transit by the railways. But the opposite parties could not produce any document in the form of booking receipt issued by the railways regarding booking of the goods of the complainant for transportation from Sabzi Mandi Railway Station , Delhi to New Gauhati Railway Station rather the opposite parties lodged complaint to the Incharge GRPF, BG Railway Yard, New Gauhati dated 8.12.2014 Ex.C-5 in which the opposite parties have themselves admitted that their truck bearing No. AS-01-CC-3045 was parked at BG Railway Yard and at night the driver of truck noticed that the Tarpolin of the truck was opened and after enquiry it was found that one bag of clothes (consignment of the complainant) was short/missing. So it stands fully proved on record that goods of the complainant i.e. consignment in question was stolen by some person when the same was in the custody of the opposite parties and not in the custody of Railways. So the loss i.e. theft of consignment of the complainant occurred when the same was in the custody of the opposite parties i.e. in their truck bearing No. AS-01-CC-3045. Opposite parties and not the Railways, have issued damaged certificate Ex.C-2 in which the opposite parties have also admitted that loss suffered by the complainant was to the tune of Rs. 30338/- i.e. price of the clothes i.e. Rs. 28,205/- as per invoice Ex.C-1 and Rs. 2133/- charged by the opposite parties vide receipt Ex.C-3. Moreover there is no privity of contract between complainant and the Railways. So it stands fully proved on record that consignment of the complainant was lost when the same was in the custody of the opposite parties during transit from Amritsar to Gauhati. So it is the opposite parties , who are in deficiency of service and are liable to compensate the loss suffered by the complainant i.e. Rs. 30338/-.
9. Consequently we allow the complaint with costs and the opposite parties are directed to pay Rs. 30,338/- to the complainant within one month from the date of receipt of copy of orders; failing which opposite parties shall be liable to pay interest @ 9% p.a. from the date of filing of the complaint till payment is made to the complainant. Opposite parties are also directed to pay litigation expenses Rs. 2000/- to the complainant. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.
5.11.2015 ( Bhupinder Singh )
President
( Kulwant Kaur Bajwa) (Anoop Sharma)
/R/ Member Member
