OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KAMRUP,GUWAHATI
C.C.56/2017
Present:-
1) Md.Sahadat Hussain, A.J.S. - President
2) Smti ArchanaDekaLahkar - Member
3) Md Jamatul Islam - Member
HAV Jugendra Singh -Complainant
S/O- Sh. Bishambar Singh
R/O- Shekhupura,Guraoli
Bulandshahar, Uttar Pradesh-202394
Presently posted at 806, Field workshop
C/O- 56, A.P.O
Represented by Sandeep Kumar Sharma
S/O- Ram Prakash Sharma
R/O- Vill & P.O-Harchana,
Tehsil&District-Bulandshahar,
Uttar Pradesh-25408
now posted at Havilder/Clerk(S.D),
1 Advance Based Workshop,Guwahati(authorised agent)
-VS-
1) Royal Packers & Movers -Opp.Party
A.G. Office Road,Opp. Eicher Show
N.H. 37, Beltola,Guwahati-781019
Dist-Kamrup(M),Assam
Appearance:
Ld advocate Mr Ashok Kr Jain for the complainant.
Date of exparte argument - 07.05.2018
Date of exparte judgment - 22.05.2018
Exparte Judgment
This is a proceeding U/S- 12 of the Consumer Protection Act, 1986
1. The case filed by Sri Sandeep Kr Sharma on behalf of the complainant HAV Jugendra Singh S/O- Sh. Bishambar Singh ,R/O- Shekhupura, Guraoli, Bulandshahar, Uttar Pradesh-202394 against Royal Packers & Movers A.G. Office Road,Opp. Eicher Show N.H. 37, Beltola,Guwahati-781019 was admitted on 14/06/2017 and notice was properly served upon the opp. party but he did not appear hence the case is proceeded on exparte against them vide order dtd.06/09/2017 .Mr Sandip Kr Sarma filed his exparte evidence on affidavit on 05/12/2017 . Thereafter Ld advocate Mr Ashok Kr Jain filed exparte written argument on 21/12/2017 and forwarded his oral argument on 07/05/2018 and today we deliver the judgment which is as below-
2. The complainant case in brief is that the complainant is a Army person presently posted at 806, Field workshop, C/O- 56, A.P.O in the district of Firozpur (Punjab) while the complainant was serving Indian Army and posted at Guwahati was transferred to Firozpur(Punjab) and on his transfer , he had to take all his household goods from Guwahati to his parental house at Bulandsahar (Uttar Pradesh) and his newly posted place at Firozpur (Punjab) . On 26/03/2017 the complainant hired transport services from the opp. party for sending his household goods from Guwahati to Firozpur (Punjab) vide Consignment Note No-30024 dtd.26/03/2017 and a sum of Rs.8,000/- only was charged as transporation/ freight charges vide Money Receipt No-30024 dtd.26/03/2017. A packing list was also prepared showing therein the description of the goods carried . The consignment note, money receipt and packing list were duly prepared and signed by the opp. party . On, 29/03/2017, the complainant hired transport services from opp. party for sending his household goods and other goods from Guwahati to Bulandsahar (U.P) vide Consignment Note No-30023 dtd.29/03/2017 and a sum of Rs.56,400/- only was charged as freight charge vide money receipt No-30023 dtd.29/03/2017 . A packing list was also prepared showing therein the description of goods carried . The consignment note, money receipt and packing list were duly prepared and signed by the opp. party. The opp. party gave assurance that the aforesaid consignment would reach to its destination within 5/6 days and the complainant reposed bonafide faith upon the and being satisfied with the assurance and promise of timely delivery of goods, the complainant joined his duties. The opp. party delivered the goods at Bulandsahar (Uttar Pradesh ) on 21/05/2017 and at Firozpur (Punjab) on 23/05/2017 whereas the complainant had booked the goods on 26/03/2017 and 29/03/2017 at Guwahati . The opp. party took 54 days to deliver the goods at the destination and that too many goods were found missing/tampered with the seal packing and loose goods were delivered with the changes in the container, it is a case of deficiency in service on the part of the opp. party. On account of non reaching of goods to its destination in time the complainant and his family members were deprived of using household articles. The complainant suffered a lot of unnecessary harassment, mental agony, pain , tension and financial loss and advocate notice dtd.05/05/2017 was also given by registered post but returned. The complainant prays for a compensation of Rs.1,65,000/-.
3. We have perused the evidence on affidavit of PW-1 Sri Sandeep Kumar Sharma who is the authorised attorney of the complainant Hav Jugendra Singh in this case and found that he states that Hav jugendra Singh on 26/03/2017 hired transport service from opp. party namely Royal Packers & Movers at their branch at Beltola ,Guwahati for transporting some of his household goods to his new place of posting (Firozpur) ,Punjab paying hiring charge of Rs.8,000/- (Eight thousand) . The statement is corroborated by Exhibit-2, Money Receipt Exhibit-3 the consignment note . From Exhibit-4 it is seen that the consignment contained 4 boxes ,1 gunny bag, 1 polythene bag and 1 bedding totalling 7 items. Thus, it is established that on 26/03/17 Hav Jugendra Singh hired transport service from the opp. party for transporting 4 boxes, 1 gunny bag, 1 polythene bag and 1 bedding to his new place of posting at Firozpur (Punjab) paying transporting charge of Rs.8,000/-
The complainant’s witness Sri Sandeep Kumar Sarma further states that on 29/03/2017 Hav Jugendra Singh hired transport service from the opp. party to transport some of his household items to his native place Bulandsahar (U.P) from Guwahati . From the Exhibit-7, it is seen that on 29/03/2017 Hav Jugendra Singh hired transport service of the opp. party to carry 4 steel boxes , 2 wooden boxes , 1 fridge , 1 washing machine ,1 TV, 1 Dish antena , 1 sewing machine , 4 chairs, 1 gas stove, 1 filter , 2 computers with computer tables, 3 VIP trolley bags , 1 cycle to his native place Bulandsahar (U.P) and 1 cartoon bag and from Exhibit-5 and 6 it is found that for carrying those items to the said places Hav Jugendra Singh paid Rs.56,400 as hiring charge to the opp. party. So, it is established that Hav Jugendra Singh on 29/03/17 booked and hired the transport service of the opp. party for transpoting those items to his home place Bulandpur (U.P) by paying hiring charge of Rs.56,000/- .
4. CW in his evidence states that all the items delivered at the destination after 54 days from the date of booking and too many goods are found missing/ tampered with the seal packing or loose goods were delivered with the container as reported to him by Hav Jugendra Singh . After perusing the evidence we have found that no short delivery certificate, damage certificate or delay certificate as to delivered the items in loose condition are filed by the complainant side and even Hav Jugendra Singh has not turned up to give evidence as to those alleged facts and no other documentary evidence in support of that allegation is adduced. It is not established item booked by Hav Jugendra Singh were delivered by the opp. party with tampered of seal packing loose state and changing in containers ; and some of item were at all not delivered and in such situation it shall be presumed that items were delivered in the original packing conditions and all the items were delivered in good condition and no item was damaged and none of them was missing.
5. CW in his evidence states that the items sent to Firozpur was delivered on 23/05/17 and item sent to Bulandpur (U.P) was delivered on 25/05/2017 i.e. delivery took 54 days while at the time of booking the opp. party assured that the item would reach the respective destination within 5/6 days . After perusing the evidence we have found that the delivery certificates or notes are not furnished by the complainant side and further no other evidence is adduced to show that the items sent to Bulandpur (U.P) delivered on 23/05/2017 and items sent to Firozpur on 23/05/2017 . Thus it is not established the items delivered in the destinations after 54 days. In such situation it shall be presumed that the consignment were delivered in the destination within reasonable period ..
Summing up our discussion as above we hold that the complainant side has failed to prove his case. Hence, the complaint is dismissed on exparte by delivering this exparte judgment.
Given under our handsand sealstoday on this 22nd May ,2018.
(Smt Archana Deka Lahkar) (Md.Jamatul Islam) (Md.Sahadat Hussain) Member Member President
