Assam

Kamrup

CC/56/2017

Hav.Jugendra Singh - Complainant(s)

Versus

Royal Packers & Movers - Opp.Party(s)

Mr Ashok Kr Jain

22 May 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
KAMRUP,GUWAHATI
 
Complaint Case No. CC/56/2017
( Date of Filing : 14 Jun 2017 )
 
1. Hav.Jugendra Singh
S/O- Sh Bishambar Singh,R/O- Shehupura,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 Havildarclerk
...........Complainant(s)
Versus
1. Royal Packers & Movers
A.G. Office Road,Opp. Eicher Show,N.H-37, Beltola,Guwahati-781019,Dist-Kamrup(M),Assam
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Md Sahadat Hussain PRESIDENT
 HON'BLE MR. Md Jamatul Islam MEMBER
 HON'BLE MRS. Smti.Archana Deka Lahkar MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 22 May 2018
Final Order / Judgement

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

 

 

 
 
[HON'BLE MR. JUSTICE Md Sahadat Hussain]
PRESIDENT
 
[HON'BLE MR. Md Jamatul Islam]
MEMBER
 
[HON'BLE MRS. Smti.Archana Deka Lahkar]
MEMBER

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