West Bengal

Siliguri

CC/48/2018

JAGDISH LOHIA - Complainant(s)

Versus

NORTH EASTREN CARRYING CORPORATION LTD. - Opp.Party(s)

25 May 2018

ORDER

District Consumer Disputes Redressal Forum, Siliguri
Kshudiram Basu Bipanan Kendra (2nd Floor)
H. C. Road, P.O. and P.S. Prodhan Nagar,
Dist. Darjeeling.
 
Complaint Case No. CC/48/2018
( Date of Filing : 14 May 2018 )
 
1. JAGDISH LOHIA
(NEERAJ PLASTIC), SAMORESH BOSE ROAD BY LANE, LOHIA BHAWAN, MILLANPALLY,SILIGURI-734005.
...........Complainant(s)
Versus
1. NORTH EASTREN CARRYING CORPORATION LTD.
PANITANKI MORE, SEVOKE ROAD, SILIGURI-734001.
2. NORTH EASTERN CARRYING CORPORATION LTD.
NECC HOUSE, 9062/47 RAM BAGH ROAD, AZAD MARKET, DELHI-110006.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE SHRI SUBHABRATA CHUDHURI PRESIDENT
 HON'BLE MR. SHRI TAPAN KUMAR BARMAN MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 25 May 2018
Final Order / Judgement

Today is fixed for admission hearing.

                             The complainant files hazira.

          Heard the complainant. Perused the complaint and documents thereto.

The case of the complainant is, in brief, that he purchased 370kg of non-woven bags from Super Plastic Coats Pvt. Ltd. and booked for Siliguri for transportation through OP No. 2 in Delhi. The Transportation cost was supposed to be Rs.(370kg x Rs.8/- + Rs.185=) 3145/-, whereas, OP No. 2 Collected Rs.(370kg x Rs.31/- + Rs.235=) 11705/- and hence lodged claim for return of Rs.(11705-3145=)8560/-. The claim was repudiated by the OP No.2 and hence is the case.

         

Perusal reveals further that no documentary proof that the letter dated 01.08.17 claiming refund was served upon OP No.1, the Branch of OP No.2 at Siliguri by the complainant. However, OP No.2 replied (from Delhi) that the goods were booked for transportation to Siliguri from Nasik on the consent and agreement of the rate by the consignor who has not, however been made a party to this case. Documents show that goods were booked in Delhi and not at Siliguri Branch Office. No rate chart also showing the rate to be Rs.8/- per kg is enclosed.

         

Thus, it is seen that the cause of action did not occur within the territorial jurisdiction of this Forum and hence found not fit to be  admitted.

 

 
 
[HON'BLE MR. JUSTICE SHRI SUBHABRATA CHUDHURI]
PRESIDENT
 
[HON'BLE MR. SHRI TAPAN KUMAR BARMAN]
MEMBER

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