BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.

                                                             Complaint Case no.33of  2019           

                                                          Date of Institution:   23.01.2019

                                                          Date of Decision:    20.03.2019.

Mahesh Kumar aged….years son of Shri Kanshi Ram resident of Hari Vishnu Colony, Kanganpur Road, Sirsa District Sirsa.

                                                                                  ………Complainant.

                                      Versus

Sandesh Kumar, contractor/In-charge/Proprietor Bus Stand Parking, Haryana Roadways, Sirsa District Sirsa.

                              ……… Opposite party.

          Complaint under Section 12 of the Consumer Protection Act, 1986.

Before:        SH. R.L.AHUJA ………………. PRESIDENT

   SH.ISSAM SINGH SAGWAL ……MEMBER

   MRS.SUKHDEEP KAUR……………MEMBER           

Present:            Sh.J.B.L.Garg, Advocate for complainant.

                   Opposite party exparte.

ORDER

          In brief, case of complainant is that complainant parked his Enfield Motor Cycle bearing registration o.RJ13SP/0026 at Bus Stand Haryana Roadways, Sirsa parking and entrusted the same to the OP against receipt No.6918 dated 28.04.2018. On 30.04.2018 when the complainant returned back from journey and visited the parking then he found that his motor cycle was missing. The complainant reported the matter to OP who requested to wait for a day or two and he will find the motor cycle. The complainant waited upto 02.05.2018 but the Op showed his inability to do anything. After that, on the same day the complainant reported the matter to PP, Bus Stand Sirsa which registered FIR No.381 dated 02.05.2018 under Section 379 IPC. The motor cycle in question has been recovered by the police but the same was in a very bad condition as the thieves had removed its fuel tank tool box, wheels, tyres battery and several other parts. The complainant incurred a sum of Rs.31,895/- on the parts and Rs.2000/- as labour charges for bringing the said motor cycle in working condition. The motor cycle of the complainant was of model 2013 having value Rs.1,10,500/-  and the complainant had also incurred a sum of Rs.10,500/- on registration certificate and Rs.5,000/- on its accessories. Due to the gross careless and negligence act and conduct of the OP the complainant has suffered a loss of Rs.33,895/-. The complainant approached the OP to make the loss good but he did not pay any heed therefore, a legal notice was also got served upon him but of no use.  The act and conduct of the Op clearly amounts to deficiency in service on its part. Hence, this complaint.

2.                On notice, opposite party did not appear before this Forum despite service and proceeded against exparte on 25.02.2019.

3.                Thereafter, the complainant led evidence and produced his affidavit Ex.C1 and documents Ex.C2 to Ex.C10.

4.                We have heard learned counsel for complainant and have perused the case file carefully.

5.                The complainant in order to prove his case has furnished his affidavit Ex.C1 in which he has reiterated all the averments made in the complaint. He has specifically deposed that he had parked his Enfield Motor Cycle bearing registration o.RJ13SP/0026 at Bus Stand Haryana Roadways, Sirsa parking and entrusted the same to the OP against receipt No.6918 dated 28.04.2018 (Ex.C2) but when he visited the parking, after his journey, his motor cycle was missing and the OP had showed his inability to do anything, therefore, he reported the matter to PP, Bus Stand Sirsa which registered FIR No.381 dated 02.05.2018 under Section 379 IPC (Ex.C4). The motor cycle in question has been recovered by the police but the same was in a very bad condition as the thieves had removed its fuel tank tool box, wheels, tyres battery and several other parts. The complainant incurred a sum of Rs.31,895/- on the parts and Rs.2000/- as labour charges for bringing the said motor cycle in working condition (Ex.C5 & Ex.C6). Since opposite party did not appear to rebut the plea and evidence of complainant as such evidence led by complainant goes as unchallenged and unrebutted.

6.                In view of above, we allow this complaint and direct the opposite party to pay a sum of Rs.33,895/-, being cost of the parts and labour charges, to the complainant. We further direct the opposite party to pay a sum of Rs.5000/- as composite compensation and litigation expenses. The opposite party is liable to comply with this order within a period of 30 days from the date of receipt of copy of this order.  A copy of this order be supplied to the parties free of costs.   File be consigned to record room.

Pronounced in open Forum:                                                  President,

Dated: 20.03.2019                                                    District Consumer Disputes

                                                                               Redressal Forum, Sirsa.

                   Member                          Member

                   DCDRF, Sirsa                DCDRF, Sirsa