West Bengal

Paschim Midnapore

CC/95/2011

Sri Shyamsundar Kuilya - Complainant(s)

Versus

Singh Transport, Prop. Krishna Pratap Singh - Opp.Party(s)

13 Jul 2012

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

 

Complaint case No. 95/2011                                              Date of disposal: 13/07/2012                               

BEFORE : THE HON’BLE PRESIDENT :  Mr. K. S. Samajder.

                                                     MEMBER :  Mrs. Debi Sengupta.

                                                     MEMBER :  xxxxxxxxxxxx

 

For the Complainant/Petitioner/Plaintiff  : Mr. M. K. Choudhury.

For the Defendant/O.P.S.                            : Mr. S. Das.

             Sri Shyamsundar Kuilya S/o-Haripada Kuilya of Nutanbazar Chawk, P.O., P.S.     

            & Town-Midnapore, Dist-Paschim Medinipur………….Complainant.

                                                              Vs.

1. Singh Transport, Prop. Krishna Pratap Singh at 25, Maharshi Debendranath Road, Kolkata-700007
2. Singh Transport, Midnapore office at colonelgola P.O., P.S. & Town-Midnapore,

      Dist-Paschim Medinipur…………………………….Ops.

                         The case of the complainant, unnecessary details apart, is as follows:-

                         The complainant purchased 20 quintals of Musur Dal worth Rs.58,800/- and 5 bags of Chira (Beaten Rice) from M/S. Tirupati Traders, shop No. A/13, P-200 Jagannath Ghat Cross Road, Kolkata-700 007 and 5 bags of Chira (Beaten Rice) for a sum of Rs.4,500/- from New Loknath Store Room No.12 Jagannath Ghat Cross Road (Napit Pally), Posta.  Both the items were purchased on 30/6/11.  The aforesaid articles were received by the Kolkata office of Op No.1 for delivery of the same through its Branch Office, the Op No.2 to its destination, i.e., the complainant’s place at Midnapore Town against freight charge.  But the goods were not delivered by the Op Nos.1&2 except 4.21 quintals of Musur Dal.  The complainant approached Op No.2 time and again but no step for delivery of the articles or for payment of compensation for non-delivery of the goods was taken by the Op Nos.1&2.  On 20/7/11 the complainant sent demand notice through his lawyer to the Op Nos.1&2 by registered post but no reply has been given by the Ops.  So, the complainant prayed for direction for making payment of Rs.50,278/- towards cost of the goods and litigation cost of Rs.10,000-/.

                     The Ops contested the case by filing a W/O denying the material averments of the

Contd………….P/2

 

- ( 2 ) -

claim application.  The specific contention of the Ops were that the petitioner is not a consumer under the Ops.  They further contended that the goods in question were never handed over to the Ops for transportation and delivery to the complainant at Midnapore.  The Ops further contended that M/S. Tirupati Traders and Loknath Store Room No.12 gave the articles to the OP for transportation.  Accordingly, the Op No.1 sent the articles by Truck No.WB-33A-8381.  While the Truck was proceeding towards Midnapore, the same met with an accident on 01/7/11.  In that accident the articles were lost. The incident was duly reported to the Kharagpur (L) P.S. by G.D entry No.97 dated 02/7/11.  This fact was also intimated to the complainant and the complainant received some articles from the Ops.  The Ops denied of their responsibility for the goods due to the accident and contended that the claimant is not entitled to get any relief.

                     On these grounds the Ops prayed for dismissal of the claim application.

                     It is now for our consideration as to whether the claimant is entitled to get the relief as sought for.

Decisions with reasons

                     The specific case of the complainant is that he purchased 20 quintals of Musur Dal from M/S. Tirupati Traders and 5 bags of Chira (Beaten Rice) from M/S. New Loknath Store.  The complainant has filed the receipt to that effect. In this regard it is worthwhile to mention that not 20 quintals but 1500 Kgs. of Musur Dal was purchased by the complainant from M/S. Tirupati Traders, as we find from the cash memo granted by M/S. Tirupati Traders, on 30/6/11.  While arguing in this case Ld. Lawyer for the complainant admitted that in the claim application the amount was mentioned is 20 quintals but in fact it should have been 1500 Kgs.

                    The main dispute is the transportation of Musur Dal and Chira through the Op NO.1 for transportation of the goods and its delivery at Midnapore through the Op No.2.  The Ops specifically denied the alleged delivery of goods by the complainant to the Op No.1 and as such while arguing in this case the Ld. Lawyer for the Ops contended that the complainant is not a consumer under the Ops since no delivery of goods was made by the complainant to the Op No.1.  So, the Ld. Lawyer for the Ops maintained that the complainant not being a consumer is not entitled to get the relief.  In reply, the Ld. Lawyer for the complainant submitted that the delivery of articles to the Op No.1 was made would be evident from the stamp given by the Op No.1 on the back side on the receipts.  I find from the receipts that on the back side of both the receipts the Op No.1 put its stamp on 30/6/11 showing the receipt of articles.  From the written statement also it would be clear that the Ops have, in fact, admitted sending of consignment to them by the complainant.  Because the Ops in their written statement have specifically mentioned that the goods were received and it was sent by Truck No.WB-33A-8381 for delivery.  The specific case of the Ops was that the said truck met with an accident for which

Contd………….P/3

 

- ( 3 ) -

there was loss of articles.  That the consignment was made by the complainant would be evident further from the W/O of the Ops where the Ops clearly admitted that 4.21 quintals of Musur Dal was delivered to the complainant.  If the complainant did not deliver the goods to the Ops for transportation and delivery  at Midnapore then why this amount of Musur Dal was delivered to the complainant.  Such act clearly lends support to the complainant’s case that the articles were handed over by the complainant for delivery at Midnapore.  Therefore, it cannot be said that the complainant is not a consumer under the Ops. The missing and/or non delivery of entire goods except 4.21 quintals of Musur Dal is admitted.  If the goods were damaged/lost due to the accident, the responsibility lies with the Ops.  As such the Ops are liable to pay the amount equivalent to the price of articles which were not delivered to the complainant.

                     Now, it appears from the receipt granted by M/S. Tirupati Traders that the price of 1500 Kgs of Musur Dal was Rs.58,800/-.  Therefore, the price of per kg of musur Dal was Rs.39.20/-.  It is admitted that the Ops delivered 4.21 quintals of Musur Dal to the complainant.  Thus, the complainant got Musur Dal worth Rs.16,503.20/-.  Therefore, the complainant is entitled to get Rs.42,296.80/- as the price of thousands 1079 Kgs of Musur dal @ Rs.39.20/- per Kg.  The complainant is also entitled to get Rs.4,500/- towards the price of 5 bags of Chira (Beaten Rice).  Thus, the total amount arrives at Rs.42,296.80 + Rs.4500 = Rs.46,796.80/-  i.e. Rs.46,797/- apart from that, we are of the view, that the complainant is also entitled to some amount of compensation because of the delay and the cost which the complainant had to bear for the purpose of transportation, such as coolie charges etc.  We are of the view that the compensation should be Rs.4,000/- we are further of the view that the complainant is also entitled to get litigation cost of Rs.3, 000/-.  Thus, the total amount the complainant is entitled is Rs.53,797/-

                                     Hence

                                                 ordered.

                                                                 that the case succeed on contest. The Ops are hereby directed to pay Rs.53,797/- to the complainant within 45 days from this date. In default of payment of the said amount within the stipulated period, the amount shall carry interest @ 8% p.a. till realization of the entire amount.  Let a copy of this judgement be supplied to the complainant free of cost.                            

Dic. & Corrected by me.

                                                                                             

               Sd/-                                            Sd/-                                                        Sd/-

         President                                      Member                                                President

                                                                                                                       District Forum

                                                                                                                   Paschim Medinipur.