Tripura

West Tripura

CC/88/2015

Smt. Kohinoor Begam. - Complainant(s)

Versus

Sri Puspak Banerjee & 1 another. - Opp.Party(s)

Mr.P.K.Dhar, Mr.R.G.Chakraborty, M.D. J.Islam.

14 Jun 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSSAL FORUM
WEST TRIPURA  :  AGARTALA

CASE   NO:   CC- 88 of 2015

Smt. Kohinoor Begam,
W/O- Mafijul Islam,
South Ramnagar, P.H.C. Brick Field,
Agartala, West Tripura.            …..….…...Complainant.

VERSUS

1. Sri Pushpak Banerjee,
S/O- Late Gurupada Banerjee,
Prop. Kolkata-Agartala Roadways, 
25, Rajani Gupta Row,
Kolkata-9, West Bengal,

2. Sri Babul Das,
Manager, Kolkata- Agartala Roadways,
Agartala Branch, Colonel Chowmuhani, 
Palace Compoind, P.O. Agartala,
West Tripura.                ..............Opposite parties.

      __________PRESENT__________

 SRI A. PAL,
PRESIDENT,
  DISTRICT CONSUMER  
DISPUTES REDRESSAL FORUM,
      WEST TRIPURA, AGARTALA. 

SMT. Dr. G. DEBNATH,
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

SRI U. DAS,
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

C O U N S E L

For the Complainant        : Sri P.K. Dhar,
                      Sri Ranagopal Chakraborty,
                      Md. Jahirul Islam,
                      Advocates.

For the O.Ps                 : Sri Santi Bhusan Debnath,
                      Advocates.

        JUDGMENT  DELIVERED  ON:  14.06.2016
J U D G M E N T 
        This case arises on the petition filed by Kohinoor Begam against the proprietor of Calcutta–Agartala Roadways. Petitioner's case in short is that she along with her husband purchased 18 packets of books each containing 60 books from Calcutta, and booked the same to the transport company Calcutta–Agartala Roadways having registered office at Colonel Chowmuhani, Agartala. Carrying charge Rs.6213/-. paid. But the consignment not reached at Agartala. It was not delivered. Inspite of several request the goods were not available. For this deficiency of service by this transport company Petitioner claimed the value of the books Rs.4,32,000/- transport charge Rs.6,213/- and Rs.1 lakh in addition towards compensation for mental agony and deficiency of service. 

2.        O.P. appeared, filed W.S denying the claim. It is stated that Mafizul Islam, husband of the complainant is the right person to whom the consignment is to be delivered. Complainant has no locus standi to claim it. On the way the driver and the vehicle was missing. Matter was informed  to the West Agartala P.S. and also Garchuk Police station, Guwahati for investigation. O.P. has no deficiency of service at all.

3.        On the basis of contention raised by the parties following points cropped up for determination.
        (I) Whether the petitioner had the right to claim compensation  when her husband booked the goods at Kolkata for transport to Agartala?
        (ii) Whether the petitioner is entitled to get the price of the lost Books and also compensation for the deficiency of service by O.P.?
    
4.        Petitioner side produced the Postal Slip, advocate's notice, copy of registered AD slip, xerox copy of license of binding, booking receipt, original bill, which are exhibited and marked as exhibit- 1 series.
        Petitioner also examined one witness i.e., the petitioner Kohinoor Begam.

O.P. produced no evidence, oral or documentary though several chances were given.
6.        So, on the basis of all the evidence on record we shall now determine the above points.
        Findings and decision on the points:
7.        Petitioner is the wife of Mafijul Islam who booked the consignment. She is the legal representative of the notice giver Mofijul Islam. Her status as wife not denied by the O.P.  she is the licensee for selling the books. In this regard  the municipality license of Agartala also produced. According to her she asked her husband to book the consignment  at Kolkata. The consignment is to reach her address and it was for sale for self employment through  business. Consignment booked in the year 2014 and she was running business as the license was valid up to 31st March, 2015. So, being the receiver of the consignment she was affected by non-receipt of the consignment in due time. Therefore, she has the right to file this case for deficiency of service by Calcutta–Agartala Roadways. The contention of the O.P. that her husband who booked the consignment is, the right person to complain is not correct at all. From the perusal of the receipt issued by Calcutta–Agartala Roadways it is found that consignment was booked on 19.05.14. Consignor was 'Tirupati Binding Works' and consignee Mofizul Islam, husband of the petitioner. There are 18 number of packets. All are printed books. Freight charges was Rs.5872/- and total charge was Rs.6213/-. O.P. in the written statement admitted about the booking of the consignment. It is stated that the driver and vehicle which was carrying the books were found missing. There is some error in respect of mentioning the consignment number. It is pointed out. But consignment number is written in the receipt itself. For this error the claim of the petitioner can not be ruled out. Some binding format, question bank were purchased for the 'Brilliant Publishers'. That receipt is also given to support the price of books. From the perusal of that bill of A.G. Printers it is found that face value of per book is Rs.400/-. We have gone through the intimation regarding missing of truck. Information regarding hire of the vehicle 'Simran Road Carriers'. Message Form of Agartala P.S. has produced by the O.P. From the perusal of all these documents it is assumed that the vehicle was missing with the driver at the time of transportation of books. 
8.        We have gone through the evidence given by the Kohioor Begam, complainant of this case. From her evidence it is clear that the 18 packets of books were booked and it contained Rs.1080 copy. Value of per copy book is Rs.400/- and total price is Rs.4,32,000/-. Rs.6213/- was paid for transportation charge. Petitioner claimed this amount and also Rs.1 lakh for mental agony and sufferings in the business. From the perusal of all the evidence it is clear that O.P. could not deliver the consignment in time till today, failed to compensate the petitioner. Theft of the vehicle on the way is not a act of God. The vehicle was definitely insured. The petitioner was not insisted to insure consignment. Therefore, the O.P. can not avoid its responsibility for the missing consignment. We therefore, direct the O.P. to pay the price of the books amounting to Rs.4,32,000/- along with transportation charge Rs.6213/- taken from the petitioner. The amount stands at Rs.4,38,213/-. Petitioner's business also suffered because of non-receipt of consignment of books. For the deficiency of service of O.P. she suffered mental agony. So, for this amount of Rs.50,000/- as compensation is given to the petitioner. In total, the petitioner is entitled to get Rs.4,88,213/-. Both the points are decided accordingly.
    
9.         In view of our above findings over the two points the petition is allowed. We direct the O.P. Proprietor of Calcutta– Agartala Roadways, Sri Pushpak Banerjee and Sri Babul Das to pay the amount to the petitioner within 2(two) months. In case of failure to pay the amount it will carry interest @9% P.A. 
 
     Announced.

 

SRI A. PAL
PRESIDENT,
DISTRICT CONSUMER  DISPUTES 
REDRESSAL FORUM,
WEST TRIPURA,  AGARTALA.

 

SMT. DR. G. DEBNATH,
MEMBER,
 DISTRICT CONSUMER DISPUTES 
REDRESSAL FORUM, 
WEST TRIPURA, AGARTALA    SRI U. DAS,
MEMBER,
 DISTRICT CONSUMER DISPUTES 
REDRESSAL FORUM, 
WEST TRIPURA, AGARTALA