Order No. 15 dt. 27/02/2017
The case of the complainant in brief is that the complainant intended to transport his Maruti Alto K10 car to Goa for his personal use and for his family and the complainant informed the marketing representative of o.ps. that the car should reach on or before 11.7.14 as the complainant was reaching Goa on 12.7.14 and he will be returning to Kolkata on 16.7.14. The complainant also informed the o.ps. that for the residential purpose of his son the said car was required for arrangement of the personal belongings of his son after locating the flat or house at Goa. The complainant accordingly paid a sum of Rs.17,500/- for transporting the said car. The complainant also insured the car towards the transit insurance policy but no policy was provided to the complainant. On 11.7.14 the representative of o.ps. called the complainant and informed that the car has reached Goa and shall be unloaded and delivered to the consignee by the evening on that date. But the car was not provided to the complainant on that date. The complainant time to time contacted the o.ps. but he was assured that the car will be provided soon. On 16.7.14 the complainant was informed that the car has reached and will be delivered at 10-00 a.m. and accordingly the complainant was provided with the car on 16.7.14 at 11-30 a.m. when the complainant was checking out from the hotel. Because of such harassment the complainant wrote a letter to o.ps. including compensation of Rs.40,000/- and also for litigation cost of Rs.10,000/- in total the complainant prayed for Rs.50,000/- from o.ps.
The o.ps. contested this case by filing w/v and denied all the material allegations of the complaint. It was stated that the complainant never disclosed that what was the purpose for taking the car from Kolkata to Goa. While the complainant made contact with the marketing representative of o.ps. he was informed that the transportation of the car from Kolkata to Goa will take 10-12 days and explained to the complainant that after fully loaded the car carrier shall start from Kolkata to Goa via Mumbai, Pune and on the way the cars will be unloaded at different destination including Mumbai, Pune and other places and it was also explained to the complainant that it will take about 15-18 days to reach Goa after start from Kolkata. After giving the necessary details to the complainant the amount was accepted by o.ps. The complainant was never asked to pay the transit insurance policy and no extra charge was paid by the complainant. The o.ps. never assured the complainant that the car will be delivered by the evening of 11.7.14 and Mrs. Kusum never gave any false assurance to the complainant. The o.ps. further stated that due to rainy season there was heavy rain at Pune and the vehicle / car carrier detained at Pune due to heavy rain and it was beyond the control of o.ps. The o.ps. denied that there was no deficiency in service on the part of o.ps. and the complainant will be entitled to get any compensation.
On the basis of the pleadings of parties the following points are to be decided:
- Whether the complainants booked the car through o.p. no.1.
- Whether the car reached beyond the assured date provided by o.ps.
- Whether there was any deficiency in service on the part of o.ps.
- Whether the complainant will be entitled to get the relief as prayed for.
Decision with reasons:
All the points are taken up together for the sake of brevity and avoidance of repetition of facts.
Ld. lawyer for the complainant argued that the complainant in order to transport his car from Kolkata to Goa paid a sum of Rs.17,500/- to o.ps. The complainant had the idea that the vehicle would reach on 11.7.14 since he was assured by o.p. no.2 that the vehicle will be reach within the stipulated date. But in spite of payment of the amount the vehicle did not reach Goa within the stipulated time. The complainant wanted to transport the car from Kolkata to Goa for the purpose of his providing the same to his son who was staying at Goa at the relevant point of time and the complainant after reaching Goa wanted to book a flat or rented accommodation for his sin there and also providing all sorts of articles to the son with the help of the said car the complainant asked the o.ps. to deliver the vehicle positively on 12.7.14 of which date the complainant was reaching Goa. Since the car did not reach within the stipulated time and the complainant made several telephonic call to o.ps. but no positive response was given and since the complainant faced harassment he had to file this case praying for compensation and other relief.
Ld. lawyer for the o.ps. argued that the complainant could not show any document to establish the allegation that the o.ps. ever asked the complainant that the car would reach Goa at 11.7.14. The o.ps. at the time of accepting the order from the complainant informed him that the vehicle would reach after 12-13 days. After knowing the said fact the complainant booked the order. Since during the time there was heavy rain at Pune and the cars for transportation at different places including unloading of cars at Mumbai, Pune and thereafter the car would be delivered at Goa some delay was committed due to heavy rain took place in Pune which was beyond control of o.ps. In view of such fact o.ps. emphasized that there was no deficiency in service on the part of o.ps. and thereby the case is to be dismissed.
Considering the submissions of the respective parties it is admitted that the complainant placed order for transportation of the car of the complainant from Kolkata to Goa. It is also an admitted fact that the complainant paid an amount of rs.17,500/-. The complainant has not filed any document to show that the o.ps. gave any assurance that the vehicle would be delivered within 11.7.14. Though the complainant in order to establish the said fact filed the documents that he had the programme of making arrangement for his son at Goa for that reason he filed some documents to show his journey from Kolkata and back through air. The complainant though claimed that the representative of o.ps. assured that the car will be delivered on 12.7.14 by the evening but no evidence has been produced to that effect. It is also an admitted fact that before the acceptance of the order from the complainant he was assured that after the booking it will take 11-12 days for transporting the car in a car carrier to Goa and the said fact was informed to the complainant, thereafter the complainant paid the service charge for transporting the said car. It is also found from the materials on record that during the transportation there was heavy rain fall at Pune for which some delay was caused for delivering the car at Goa to the complainant. The fact of strike, heavy rain, natural calamities or breakdown of the vehicle i.e. car carrier for which the complainant was informed that there may be some delay in delivering the car. After knowing fully well such delay may have caused due to uncertain events the complainant paid the service charges of Rs.17,500/-. The o.ps. explained as to why such delay was committed due to heavy rain in Pune. It is also an admitted fact that the complainant was in hurry because he had purchased the return ticket for his flight from Goa to Kolkata and certainly because of such scheduled programme the complainant had got mental agony since he failed to fulfill the object of his visit to Goa for the purpose of providing assistance of his son who started to reside at Goa and for the settlement of his son there the complainant wanted to have the service of his vehicle for providing assistance of his son there which caused mental harassment for which the complainant will be compensated for the mental agony. Since there was no major lapse on the part of o.ps. the vehicle was handed over to the complainant after committing some delay which was not within the control of o.ps. thereby the compensation should not be to a great extent as claimed by the complainant. Thus all the points are disposed of accordingly.
Hence, ordered,
That the CC No.533/2014 is allowed on contest with cost against the o.ps. The o.ps. are jointly and/or severally directed to pay to the complainant a sum of Rs.2000/- (Rupees two thousand) only as compensation for harassment and mental agony and litigation cost of Rs.500/- (Rupees five hundred) only within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
