Rajasthan

StateCommission

A/1513/2015

Gupta Agencey Through Propriter/Owner - Complainant(s)

Versus

New India Public Senior Secondary School through Director Laxman Siungh S/O Herdevaram - Opp.Party(s)

Shelendra Chhabra

29 Apr 2016

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

 

FIRST APPEAL NO: 1513 /2015

 

Gupta Agency through prop. 15, Jayanti Bazar, M.I.Road, Jaipur.

Vs.

 

New India Public Sr.Secondary School, Housing Board, Jhunjhunu through Director & ors.

 

Date of Order 29.4.2016

 

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

Hon'ble Mr.K.K.Bagri-Member

Mrs. Meena Mehta -Member

 

 

Mr.Shailendra Chhabra counsel for the appellant

 

BY THE STATE COMMISSION ( PER HON'BLE MRS. JUSTICE NISHA GUPTA,PRESIDENT):

 

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This appeal has been filed against the judgment of the District Forum, Jaipur 3^rd dated 19.11.2015 whereby the award has been passed against the appellant.

 

The contention of the appellant is that water cooler was purchased by the complainant but during transportation it was damaged which was got repaired hence, he has not committed any deficiency of service and Transport Company has not been made a party and award should have been vacated.

 

Heard the learned counsel for the appellant and perused the impugned judgment.

 

There is no dispute about the fact that water cooler was purchased by the complainant from the present appellant. The further contention of the appellant is that it was handed over to the Transport Company meaning thereby the Transport Company was the agent of the appellant hence, if any damage has been committed during transportation, the appellant is liable for the same.

 

It is also not in dispute that water cooler is still lying with the Transport Company meaning thereby it is still lying in

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the custody of the appellant and when the respondent remain deprived of the water cooler, it is deficiency of service on the part of the appellant. It was the duty of the appellant to deliver the water cooler to the consumer in good condition but admittedly it was damaged during transportation. Hence, the Forum below has rightly ordered for replacement of water cooler or to pay its cost with interest and compensation and cost of proceedings has rightly been allowed.

 

In view of the above, there is no merit in this appeal and liable to be dismissed.

 

(Meena Mehta) (K.K.Bagri) (Nisha Gupta )

Member Member President

 

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