Per Smt. Jayshree Yengal, Hon’ble Member.
The orginal complainant has filed the instant appeal challenging the dismissal of C.C. No. 98/2006 vide order dated 13/04/2007 passed by District Consumer Disputes Redressal Forum, Amravati (Forum for short.)
The facts to the extent material to dispose off this appeal are as follows.
The appellant had availed of services of the respondent for transportation of parcel consisting of garments like baba suits, two pieces, frocks etc. worth Rs. 15,561/- on 19/11/2005 to be delivered at Renuka Collection, Tirthpuri, Jalna for which necessary charges were paid to the respondent vide receipt no. 8477. It is the contention of the appellant that parcel which was booked for transportation neither was delivered at the destination nor returned back to the complainant therefore the appellant wrote a letter dated 08/02/2006 to which the respondent replied vide letter dated 12/02/2006 asking for the details of the goods/garments which were alleged to be transported. Thereafter the appellant sent a legal notice on 03/03/2006 alleging deficiency in service to the respondent. It was not replied by the respondent, hence the appellant filed a consumer complaint before the Forum at Amravati seeking refund of the cost of the parcel i.e. Rs. 15,561/- with interest, compensation and cost of litigation.
The respondent denied the allegations in toto and specifically pleaded that the complaint was frivolous in nature and was filed with the sole purpose of harassing the respondent and procuring undue enrichment. The respondent had repeatedly asked for the details of the parcel alleged to be transported which was never given by the appellant to him for delivery at Jalna. Therefore there was no deficiency in service as alleged.
The Forum below has observed that the appellant has repeatedly made mention of the fact that the services of the respondent were availed for transportation of a parcel to Jalna. The appellant has failed to file on record the receipt by which the parcel was booked for transportation, nor has the appellant justified the non filing of the said receipt on record by saying that it was stolen or lost or destroyed. The appellant has not made a mention of the charges which were paid by the appellant to the respondent for the services availed from the respondent. The appellant has failed to prove whether such transaction of availing services of the respondent for transportation of parcel to Jalna ever took place. Therefore the order passed by the Forum dismissing the complaint for want of evidence is just, proper and sustainable in law.
Heard parties and perused the documents on record.
The proceeding under the Consumer Protection Act, 1986 being summary in nature, the facts alleged in the complaint are required to be proved by affidavit as per section 13(4) of the said Act. After perusing the record we observed that no documents or any affidavit was filed by the complainant/appellant herein to substantiate claim made in the complaint against the respondent. We find no error, illegality in the order passed by the Forum, therefore pass the following order.
ORDER
1. Appeal is dismissed. Order dated 13/04/2007 passed in C.C. No. 98/2006 is upheld.
2. Parties to bear their costs.
3. Parties to be informed accordingly.
Pronounced on 11/04/2011.
