IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
MURSHIDABAD , AT BERHAMPORE.
CASE No. CC No. 102/2017.
Date of Filing: Date of Admission : Date of Disposal:
29.06.2016 11.07.2016 22.09.2017
Rajendra Kumar Baid,
Prop. Raj Medical Agency,
P.O. Aurangabad,
Dist. Murshidabad, Pin 742101. …………… Complainant.
-vs-
- Office in charge,
Nightingale Express,
C/o Babu Chobay,
P.O. Khagra, P.S. Berhampore,
Dist. Murshidabad, Pin 742103.
- Office in charge,
Nightingale Expree,
Regd. Office: 3, Mangoe Lane,
Kolkata, Pin 700 001. ....... Opposite Parties.
Sri Subhanjan Sengupta, Advocate ……… for Complainant
Present : Sri Anupam Bhattacharyya………… President.
Smt. Chandrima Chakraborty …. .….Member.
Sri Manas Kumar mukherjee .…. …..Member.
Cont. ……….…. 2
= 2 =
J U D G M E N T
Chandrima Chakraborty, Member.
Brief facts which are necessary to dispose of this case are re-capitulated as under :-
In epitome, the fact stated in the complaint, is that, the Complainant had booked medicines weighted of 12 kg 200 gms through the Opposite Party Currier vide Consignment No. 8379520 on 07.12.2016. But after reaching the said medicines towards the consignee the Complainant came to know from the consignee that the said medicines weighted of about only 11 kg 100 gms and the Opposite Party had delivered the medicines in damaged condition.
The Complainant approached the Opposite Party for appropriate compensation but none paid any heed to it, for which the Complainant had/has to suffer damages what amounts to negligence and deficiency in rendering service by the Opposite Parties towards the Complainant for which being victimized and harassed the Complainant has to file the instant case seeking adequate redressal against the Opposite Parties.
Despite service of the notice, no Opposite Parties ever appeared before the Forum in person and/or through their authorized representative/Ld. Advocate to contest the case by filing Written Version and so the instant case has been heard ex-parte against both the Opposite Parties.
Cont. ……….…. 3
= 3 =
Point for Determination
The point for determination in the instant case is whether the complainant is entitled to get the relief as prayed for, in the facts and circumstances of the case and in view of the material evidences on record.
Decision with Reasons
In order to prove his allegation set forth in the complaint, the Complainant deposed in this case as sole witness by way of affidavit and also produced some documents in support of his case.
The main allegation of the Complainant against the Opposite Parties is that, in spite of entire payment, whether the Opposite Parties had neglected or deficient to provide the proper services by not delivering the said medicines in total weight and in good condition towards the consignee of the Complainant or not.
On overall evaluation of the argument by the Ld. Advocate of the Complainant and perusing the material documents in record, it is evident that, the Complainant had booked medicines weighted of 12 kg 200 gms through the Opposite Party Currier vide Consignment No. 8379520 on 07.12.2016 and the Opposite Party had been charged a sum of Rs. 240/- only as delivery charge for this consignment which is revealed from the photocopies of the documents filed by the Complainant.
Cont. ……….…. 4
= 4 =
It is further evident from the photocopies of the documents filed by the Complainant that at the time of receiving the said consignment in issue by the consignee the said medicines weighted of about only 11 kg 100 gms which denotes that at the time of delivering the said medicines the weight of the medicines was 1 kg 100 gms less. So it can be concluded that the Opposite Party failed to deliver the said consignment towards the consignee which means the Opposite Party was/is deficient and/or negligent in render the proper service towards the Complainant for which the Opposite Party was paid for.
Moreover, it is also revealed that the Complainant alleged that the Opposite Party had delivered the said medicines to the consignee in damaged condition but the Complainant submitted no such documents wherein it can be manifest that the said medicines delivered in damaged condition.
The photocopies of documents filed by the Complainant expose that the consignment was for delivering some product but nowhere in the said Bill (Annexure A) it is shown that the product was/is the medicine. Furthermore it is also revealed from the said document (Annexure A) that the Opposite Party received the goods in good condition. Thus the allegation of delivering the product in lesser weight is successfully proved by the Complainant.
But on the other hand from the document (Annexure B) it is revealed that at the time of delivering the medicine in issue to the consignee the weight of the said medicines received by the consignee was/is of 11 kg 100 gms
Cont. ……….…. 5
= 5 =
but nowhere in the four corners of the said document (Annexure B) it is found that the said medicines were in damaged condition. So, the allegation of the Complainant regarding the delivery of the medicines in damaged has not been proved.
So, it is crystal clear from the above discussion that the Complainant partly proved that the Opposite Party is deficient and/or negligent in rendering service towards the Complainant.
But the fact remains that the Complainant stated that the total cost of the entire medicines in consignment os amounting to Rs. 1,00,471.34/- only but the Complainant never stated that what was the actual cost of the said medicines which was not received by the consignee of the Complainant. Thus it is very much difficult to determine the actual cost of the lost medicines for which the common decision of the Forum is that an approximate average cost shall be calculated for such lost product/medicine in issue.
Moreover, all the allegations made by the Complainant were never challenged by the Opposite Party No. 1, even the Opposite Party never appeared to contest the case. Therefore, there are no reasons to disbelieve the unchallenged testimony of the Complainant.
Thus, the unanimous decision of the Forum is that the Opposite party is liable to pay the approximate average value of the lost medicines/product towards the Complainant along with compensation for his loss and harassment and mental agony.
Cont. ……….…. 6
= 6 =
Therefore, in the light of the above analysis it is finally decided that the Complainant has successfully proved his case in part and is entitled to get relief partly as prayed for, and consequently, the points for determination are decided in affirmative in part.
In short, the Complainant deserves success in part.
In the result, we proceed to pass
O R D E R
That the case be and same is allowed in part ex-parte against the Opposite Party with cost of Rs. 2,000/- only payable within one month from the date of this ‘Order’.
That the Opposite Party is directed to pay an amount of Rs. 20,000/- only (the approximate average cost of the lost medicines in issue) to the Complainant within one month from the date of this ‘Order’.
That the Opposite Party is further directed to pay an amount of Rs. 3,000/- only to the Complainant as compensation for his loss and harassment and mental agony within one month from the date of this ‘Order’.
In the event of non compliance of any portion of the order by the Opposite Party within a period of one month from the date of this order, the Opposite Party shall have to pay a sum of Rs. 100/- per day, from the date of this order till full satisfaction of the decree, which amount shall be deposited by the said default Opposite Parties in the Consumer Legal Aid Fund.
Cont. ……….…. 7
= 7 =
Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under ordinary post to the concerned parties as per rules, for information and necessary action.
MEMBER MEMBER PRESIDENT
