Presented by Miss B.L. Dora, Member. <br /> The Complainant in this case is a daily market seller of shoes, chappals and other footwear apparels to earn his livelihood. The Opposite Party No.1(one) is the owner of a Bus vide registration No.OR-17-C-9244 and Opposite Party No.2(two) is the driver of the said Bus.<br /> <br /> On dated 27/06/2008 the Complainant has booked two begs of shoes, chappals with other marketing articles from Padampur for Paikmal market with the Opposite Parties's Bus. But when the said Bus arrived at Paikmal, the Complainant found only one beg out of the two. Then the Complainant made complaint about this before Opposite Parties. The lost of the one beg containing shoes, chappals etc. but the Opposite Parties have denied to take any responsibility for such loss.<br /> <br /> The cost of such beg contains chappals and shoes is worth Rs.12,937/-(Rupees twelve thousand nine hundred thirty seven)only and the Complainant has lost more values then that on paying of necessary fare for carrying of such articles. But the Opposite Parties with their staff refused to consider the complaint of the Complainant in regard to the lost of the said articles and hence, this case.<br /> <br /> The Complainant prayed that, the Opposite Parties may be directed to pay the Complainant entire cost of the goods, which was lost in the Opposite parties custody at bus with Rs.5,000/-(Rupees five thousand)only towards the loss of profit, Rs.20,000/-(Rupees twenty thousand)only towards mental pain and agony that the Complainant has suffered due to the negligent act of the staffs of the Opposite Parties.<br /> <br /> In order to prove his case, the Complainant has filed the the following documents, both xerox and in original, Ticket for stage carriage No.15173, Ticket used by Baba Road Ways, Order estimate forms, letter containing the admission of Opposite Party No.1(one) in regard to the lost of one bag of chappels, cash memo issued by the Shri Sai Foot Wear.<br /> <br /> In response to the complaint, the Opposite Parties have denied all the averments made in the complaint petition.<br /> <br /> Gone through the records, perused the documents and heard from the counsel and came to the conclusion that the Complainant has paid the necessary fare for carrying of the aforesaid articles to the Opposite Parties. The Complainant has also filed a written document of Opposite Party No.1(one), in which he has admitted the lost of one beg of chappals in the said Bus and it is not challenged by the Opposite Parties. The Opposite Parties are duty bound to pay proper attention on the said articles till it's arrival at Paikmal. But the lost of the one beg out of two speaks about the negligent act of the Opposite Parties towards the booking goods. Hence, the Opposite Parties are deficient in providing proper service to the poor consumer.<br /> <br /> The Cash memo filed by the Complainant shows that, he has purchased the shoes and chappals worth of Rs.8,908/-(Rupees eight thousand nine hundred eight)only. Apparently these articles contains in two begs. But the actual loss of the Complainant is one beg of chappals. Hence, although the Complainant has sustained loss, he hals not clearly mentioned the actual loss of one bag of challpals and shoes. So it presumes here that, he has sustained a loss of Rs.4,454/-(Rupees four thousand four hundred fifty four)only.<br /> <br /> - O R D E R -<br /> <br /> The Opposite Parties are directed to pay the Complainant the cost of the goods worth Rs. 4,454/-(Rupees four thousand four hundred fifty four)only with Rs.1,500/-(Rupees one thousand five hundred)only as compensation for mental agony and litigation expenses within thirty days from the date of Order, failing which the total amount awarded shall carry 18%(eighteen percent) interest per annum till realization.<br /> <br /> The case is allowed and disposed of accordingly.<br />