| Final Order / Judgement | BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KAMRUP, GUWAHATI C.C.No- 12/2015 Present 1)Md.Sahadat Hussain, A.J.S. - President 2)Smti. Archana Deka Lahkar - Member Sri Sushil Kumar Sagwal - Petitioner S/O- Dharam Pal Sagwal Presently resident of Air Force Station, Digaru, Sonapur, Dist-Kamrup (Metro), Assam,Pin-782402 -VS- 1. Sagar Roadlines -opp. party 5 Super Market,Transport Nagar, Allahabad-211011, ( U.P ) 2. Mr. Arbind (Owner/Proprietor/Authorised person of Sagar Roadlines) 5 Super Market,Transport Nagar, Allahabad-211011 ,(U.P) Appearance: Ld.advocate Ms. Padma Baruah. Date of Argument: 25-01-2017 Date of Judgment: 21-02-2017 EXPARTE JUDGMENT THIS IS A CASE U/S-12 OF THE CONSUMER PROTECTION ACT,1986. - The complaint filed by Sri. Sushil Kumar Sagwal was admitted on 18-02-2015 and notice was served upon the opp. parties ( Sagar Roadlines, Allahabad) and it was served upon the opp. parties but they have not turned up and as a result the case against the opp. parties is proceed as exparte vide this forum order dtd. 30-03-2016. The complainant filed his affidavit as his evidence. Ld. advocate Ms. Padma Baruah filed her written argument for the complainant and also forwarded her oral argument on 25-01-2017. We have perused the complaint as well as the evidence adduced by the complainant. We are giving our judgment today.
- The complainant which is a staff of Indian Air Force on 02-08-2014 packed his household items, two kid bicycles and one motorcycle bearing Registration No-HR-08M-6039 in front of the staff of the Sagar Roadlines, Supermarket , Transport Nagar,Allahabad(U.P) and handed over all his luggages to them and they also assured him to deliver his luggages at Air Force Station, Digaru,Dist. of Kamrup(Metro) within 7 days and he also paid Rs.10,600/- as advance of the transportation charge with surety to pay the remaining Rs.2,000/- at the time of delivery of his luggages . His family reached Digaru Air Force Station but the opp. parties failed to deliver the luggages to him even after 30 days of booking and on contacting the opp. parties, the opp. party side demanded another amount of Rs.10,000/- from him , threatening him not to deliver the luggages if amount is not paid. Thereafter, he contacted the opp. parties thrice but found no positive result and then he sent a notice to them on 09-09-2014 by registered post letter asking them to deliver the luggages within 7 days , but the opp. parties did not deliver his luggages and then he lodged a F.I.R with the Transport Nagar Police Station,Allahabad on 13-09-2014. On further enquiry by him through his friend Sri Vinod Kumar , he came to know that the transporter loaded heavy articles with his luggages and as a result his luggages were damaged. Subsequently after 49 days of booking of his luggages reached Digaru but he found that two luggages ( two gunny bags) containing items of value above Rs.27,000/- were missing and most of the items found torned up and damaged such as one wooden double bed, two bicycles, one motorcycle , valuable notebooks with carton boxes containing of clothes and household items were damaged. He then contacted the opp. parties over phone and the opp. parties assured to compensate him for such damages within a month but they did not do that and then he served a legal notice upon them. So he prays for directing the opp. parties to pay him Rs. 20,000/- as compensation for delay of delivery of items and also to pay him Rs.20,000/-as compensation for demanding extra amounts in addition to fixed charge of transportation and Rs.50,000/- as compensation for their unethical trade and also to pay Rs.27,000/-which is the value of two missing gunny bags, Rs.30,000 for damage of books & cloth materials and Rs.1,00,000/- for damage of one motorcycle , two bicycles and a double bed as well as Rs.50,000/- as compensation for giving mental harassment to him.
- We have perused the evidence of the complainant and the documents filed by him. From Ex.-2, which is Consignment Challan, it is found that on 02-08-2014 the complainant booked four steel box containing his household items , two wooden cartons containing his household items, four gunny bags containing his household items , one single bed, 1 double bed, one freeze, one washing machine, two bicycles and one motorcycle in the booking centre of the opp. parties (Sagar Roadlines), situated at S.T.P.Nagar on 02-08-2014 to give delivery at Digaru, Dist- Kamrup(Assam). From Ex.-2 it is also seen that the agent of the opp. parties delivered the said consignment to the complainant at Digaru, Dist.- Kamrup(Assam). On 19-09-2014 i.e., after 40 days of booking & during delivery, the delivery agent certified that two gunny bags were not delivered, the motorcycle was delivered with breakage of head light, tanky, back lights, seat cover ; the double bed was delivered in damaged condition; two cycles were delivered in damaged condition and two cartons were delivered in torn up state. Thus it is established that the opp. party side failed to deliver two gunny bags containing valuable materials of the complainant and delivered the motorcycle with breakage of head light, tanky,back light and seat cover and also delivered one double bed in breakage condition and two bicycles in damaged condition and two cartons in torned up state. As per complainant, the two gunny bags which was not delivered by the opp. party contained two plastic tubs, eight buckets, plastic containers, Italian pots, packing materials ,glass items ,shoes, uniform etc. amounting to Rs.27,000/-. From Ex.-2, it is clear that these two gunny bags were not delivered at all and the value of the lost items are Rs.27,000/-, secondly, it is found that the value of the double bed which was damaged in the transhipment in Rs.14,000/-. As per version of the complainant the value of the damaged motorcycle is Rs.50,000/-. From Ex.-2, it is found that at least Rs.15,000/- is required for repairing the damaged part of the motorcycle. Thirdly, the value of damaged cycles were Rs.7,000/- but they were not fully damaged and so at least Rs.2,000/- is required for repairing the said bicycles. Fourthly, the value of the double bed is Rs.14,000/- & so it is presumed that at least Rs.5,000/- is required for repairing of the said double bed. Fifthly, the value of the items two cartons is about Rs. 85,000/- but items are found not damaged, however due to tearing of the cartons the items inside the cartons suffered from slight tearing which may cause their value atleast by Rs.5,000/-. It is found that four steel boxes & 2 wooden boxes containing different household items were delivered in intact condition and the four cartons containing household items delivered in full quantity and two mattresses , one coat, one refrigerator, one washing machine & one shewing machine were delivered in intact state. Therefore, we hold that the complainant is entitled to get Rs.10,000/- for damage of his motorcycle, Rs.2,000/- for damage of two bicycles, Rs.5,000 for damage of one double bed and Rs. 2,000/- for tearing of two cartons totaling Rs.19,000/- from the opp. parties. He is also entitled to get the value of his househol items which were not delivered but booked in two gunny bags & against that loss he is entitled to get its value which is Rs.27,000/-. So, the complainant is entitled to get Rs.46,000/- from the opp. party for causing damage and loss of some of his items booked at Allahabad.
It is also found that the items were delivered after 49 days of booking of the itemswhile the opp. party assured him to deliver the items within 7 days and this inordinate delay caused much inconvenience to the complainant and his family members . So for causing such inconvenience the opp. party is liable to pay compensation of Rs.10,000/- .The opp. party is also liable to pay another amount of Rs.10,000/- as cost of the proceeding. As the complainant found his items in breaking condition and some items not delivered at Digaru,Kamrup(M),Assam which is his present place of service , it shall be held that the cause of action arose at Digaru, Kamrup(M),Assam i.e., within the jurisdiction of this forum. As per Sec-11(1)(c) of Consumer Protection Act,1986 where the cause of action arises so any condition about the jurisdiction of court written in Consignment Challan cannot take away the jurisdiction of District Consumer Forum where the cause of action arises. Therefore, we hold that this forum has jurisdiction to adjudicate upon the complaint lodged by the complainant. Secondly, we also hold that the opp. parties being the transporting agency and the complainant being the consignor and consignee respectively , the opp. parties are service provider and the complainant is consumer of service in respect of the said consignment and as the opp. parties failed to deliver the consignment in the state when these were booked but delivered in damaged condition and did not deliver certain items, such act of the opp. parties amounts to deficiency of service towards the complainantand in result they are liable to pay the amounts to the complainant as calculated above. - Basing on above discussion, the complaint against the opp. parties - (Sagar Roadlines , Allahabad and its owner) is allowed on exparte and opp. parties are directed to pay the complainant Rs.46,000/- for causing loss of some items and damage of some items quoted above, which had been delivered to them by the complainant for safe delivery at Digaru, Kamrup(M),Assam & also to pay him Rs.10,000/- as compensation for causing inconveniences to him and his family members, and also to pay Rs.10,000/- as cost of the proceeding and Rs.5,000/- for causing mental agony to the complainant. The opp. parties are directed to pay the said amounts to the complainant within two months , in default the amounts shall carry interest @12% per annum .
Given under my hand and seal of the District Forum , this the 21st day of February,2017. Free copies of the judgment be delivered to the parties. ( Smti Archana Deka Lahkar ) ( Md.Sahadat Hussain ) Member President | |
