Karnataka

Bangalore 4th Additional

CC/15/1223

M/s. Rajat Distributors - Complainant(s)

Versus

M/s. Sugama Express Cargo Services - Opp.Party(s)

22 Jan 2018

ORDER

Complaint filed on: 29.06.2015

                                                      Disposed on: 22.01.2018

 

BEFORE THE IV ADDL DISTRICT

CONSUMER DISPUTES REDRESSAL FORUM, BENGALURU

 1^ST FLOOR, BMTC, B-BLOCK, TTMC BUILDING, K.H.ROAD, SHANTHINAGAR, BENGALURU – 560 027       

 

 

CC.No.1223/2015

DATED THIS THE 22^nd JANUARY OF 2018

 

PRESENT

 

 

SRI.S.L.PATIL, PRESIDENT

SMT.N.R.ROOPA, MEMBER

 

Complainant/s: -                           

M/s.Rajat Distributors,

no.7, Sri Koteshwara

Building, 3^rd cross,

S.V.Lane, Chickpet,

Bengaluru-53.

Rep. by its Proprietor

Mr.Amit Jain

 

Inperson     

 

V/s

Opposite party/s

Respondent/s:-

 

M/s.Sugama Express

Cargo Services,

Gandhi Nagar Branch, Bengaluru-09.

 

Ex-parte

 

 

PRESIDENT: SRI.S.L.PATIL

 

 

            This complaint is filed by the Complainant against the Opposite party (herein after referred as Op) seeking issuance of direction to initiate necessary action immediately and arrange to find out the missing parcel or else to pay the price of parcel worth Rs.10,054/- and for which the Tax amount of Rs.553/- and compensation of Rs.5,000/-.             

 

          2. The brief facts of the case of the Complainant are that the Proprietor had booked two numbers of parcel with Op as per the customer information via L.R.no.86855 dtd.30.12.14 bearing bill no.208, total value of bill is Rs.26,115/-. Billing done to Mahesh Electricals, Brahmavara (Purchaser). Parcel done from Bengaluru to Brahmavara, where the purchaser had received one parcel of the goods which has been booked. Second parcel which has the value of Rs.10,054/- has not been delivered to the purchaser. The Complainant further submitted that the purchaser also been to Op office at Brahmavara many times and the person from Op informed that he has received one parcel from Bengaluru office. The Complainant further submitted that Purchaser has stopped the payment since non-delivery of goods and over a period of 6 months they had lost that amount and for which Op is responsible for it. The Complainant further submitted that they have been visiting many times to Op branch frequently since 6 months, but no proper response from Op side and the reply was the same as it would search the parcel and inform the Complainant. The Complainant had less faith after being many times to Op office and they have written a letter to Op branch for which no response from them even after providing the details. The Complainant further submitted that the Op made them to run again and again for the goods which they had booked to deliver to the purchaser for non-delivery of goods to the purchaser.  Hence this complaint.

 

3. On receipt of the notice, Op did not appear before this forum and hence placed exparte.  

 

          4. To substantiate the case, the Proprietor of the Complainant filed affidavit evidence and produced 3 documents and also filed written arguments. We have gone through the available materials on record.  

  

5. The points that arise for our consideration are:

1. Whether is there any deficiency of service on the part of Op, if so, whether the Complainant entitled for the relief sought for ?  
2. What order ?

                   

           

 

6.  Our answers to the above points are as under:

 

Point no.1: In the Affirmative.  

Point no.2: As per the final order for the following

 

REASONS

 

          7. Point no.1:  On receipt of the notice, Op did not appear. Hence placed exparte. The contents of the complaint are not denied by the Op. under such circumstances, prima-facie, it is evident that the Complainant had booked two numbers of parcel with Sugama Express Cargo Services/Op as per the customer information via L.R.no.86855 dtd.30.12.14 bearing bill no.208, total value of bill is Rs.26,115/-.  It is also evident that Parcel done from Bengaluru to Brahmavara, where the purchaser/Mahesh Electrics had received only one parcel of the goods which has been booked. Second parcel which has the value of Rs.10,054/- was not yet delivered to the purchaser. In this context, the said purchaser approached Op office at Brahmavara, but there was no any positive response even till filing this complaint.  The second parcel which is valued for Rs.10,054/- was not traced. In our considered view, this itself is deficiency of service as the Complainant is a consumer as defined u/s.2(1)d of CP Act. When there is deficiency of service, the Complainant is certainly entitled for the relief sought for. In this context, we placed the reliance on the contents of bill dtd.31.12.14, wherein the Copper wire is the first parcel is for Rs.14,700/- and the Copper sheet is the second parcel is for Rs.10,054/- which is not yet received by the purchaser. In our considered view, if an amount of Rs.10,054/- + tax amount of Rs.553/- in all Rs.10,607/- is ordered to pay to the Complainant, we hope ends of justice would met sufficiently. Accordingly we answered the point no.1 in the affirmative.

 

8. Point no.2: In the result, we passed the following:

 

ORDER

 

          The complaint filed by the Complainant is hereby allowed.  

 

          2. Op is directed to pay an amount of Rs.10,607/- to the Complainant within six weeks from the date of this order, failing which it carries interest at the rate of 8% p.a. till realization. The cost of litigation is fixed Rs.1,000/-.    

         

          Supply free copy of this order to both the parties.

 

          (Dictated to the Stenographer, got it transcribed, typed by her/him and corrected by me, then pronounced in the Open Forum on 22^nd January 2018).

 

 

(ROOPA.N.R)     MEMBER

(S.L.PATIL)  PRESIDENT

                                                                        

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

 

Sri.Amit Jain, who being the Proprietor of the complainant was examined. 

Copies of Documents produced on behalf of Complainant/s:

 

Doc.no.1	Invoice dtd.30.12.14
Doc.no.2	Parcel receipt dtd.30.12.14
Doc.no.3	Letter to Op dtd.15.06.15

 

 

 

(ROOPA.N.R)     MEMBER

(S.L.PATIL)  PRESIDENT