Date of Filing:17.06.2009<br /> Date of Order:01.09.2009<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 01ST DAY OF SEPTEMBER 2009<br /> <br /> PRESENT<br /> <br /> <br /> <br /> Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> COMPLAINT NO: 1395 OF 2009<br /> <br /> M/s. Pathi Silk House<br /> No. 991, Chickpet<br /> Bangalore 560 053<br /> Represented by its Partner<br /> P. Mohan Complainant<br /> V/S<br /> Rajesh Singh<br /> Proprietor<br /> M/s. Shree Pooja Carrier Corporation<br /> No. 10, Janardhana Complex<br /> Ganigara ‘D’ Lane, Jumma Masjid Road<br /> Bangalore 560 002<br /> Having Head office at<br /> No. 7, Shambu Mullick Lane<br /> Burra Bazaar, Kolkatta 700 007 Opposite Party<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed under Section 12 of the Consumer Protection Act.<br /> The facts of the case are that complainant’s customer M/s. Kotha Pentaiah & Bodla Ramachandraiah have sent back 88 articles of silk sarees worth Rs. 2,06,500/- in 5 parcels weighing 88 kgs through the opposite party carrier at Secunderabad vide way bill No. 16006/5 and same has been delivered at Bangalore by the opposite party vide delivery challan No. 6335 dated 21.07.2008. On receipt of the 5 parcels on 21.07.2008 through Bangalore Branch of opposite party and on verification of the same it was noticed that out of 5 parcels one parcel was completely wet. The complainant was not ready to take delivery of the same. On request of Mr. Rakesh Kumar the representative of the opposite party the complainant opened the parcel in his presence and 16 sarees were found in the parcel. Out of 16, 10 sarees were damaged due to wet thereby opposite party has caused damage to the complainant to the tune of Rs. 24,000/- as each saree costs Rs. 2,400/-. Representative of the opposite party agreed and allowed the complainant to claim within 30 days by endorsing on one letter. Complainant sent notice dated 19.11.2008 calling upon the opposite party to settle the matter and despite receipt of the same opposite party neither replied nor complied with the demand. Complainant got issued legal notice dated 18.12.2008 calling upon the opposite party to pay Rs. 24,000/- towards damages caused to the 10 sarees. Opposite party neither replied nor complied with the demand notice. Complainant submits the act of the opposite party is deficiency of service in not providing proper service in handling the consignment of customers and due to which the complainant has suffered loss in sum of Rs. 24,000/-. The complainant is entitled for claim of Rs. 24,000/- together with interest and compensation.<br /> 2. After admitting the complaint notice was issued to opposite party through RPAD from this fora. When the matter was set for appearance of the opposite party on 30.07.2009, opposite party did not appear before this fora and no representative on behalf of opposite party appeared. The opposite party has not sent defence version by post. Notice sent by registered post was served. Therefore, the opposite party was placed ex-parte. <br /> 3. Complainant has filed affidavit evidence and documents.<br /> 4. Heard the arguments of learned advocate for the complainant.<br /> 5. We have gone through the complaint averments, documents and affidavit submitted by the complainant.<br /> 6. By the documentary evidence produced by complainant it is very clear that the complainants customer M/s. Kotha Pentaiah and Bodla Ramachandraiah, Secunderabad had sent parcel through opposite party carrier. Total 5 parcels have been sent on 21.07.2008. Delivery challan has been produced. The complainant had written letter on 21.07.2008 to opposite party explaining all the facts. It was found that out of 16 sarees in one parcel 10 sarees were damaged and the complainants claimed compensation and requested the opposite party to kindly send the cheque for Rs. 24,000/- at the rate of Rs. 2,400/- per saree. In the said letter the representative of opposite party Mr. Rakesh Kumar has signed and made endorsement ‘claim within 30 days’. He has also given his mobile number in the said letter which is on the letter head of the complainant. The complainant again sent a letter on 19.11.2008 to the opposite party requesting to kindly settle the claim within 10 days else the complainant stated that they will forced to take legal action. For this letter also the opposite party has not taken any steps and there was no response. The complainant has also sent legal notice claiming the cost of the sarees and damages. Unfortunately, the opposite party has not taken any steps in settling the claim. The case put up by the complainant has gone unchallenged. Before this fora also the opposite party has not appeared and contested the matter even though served with notice. The opposite party has remained absent. Thereby it has accepted the case of the complainant. There are absolutely no reasons or whatsoever to disbelieve the facts narrated by the complainant. By the documentary evidence and also by the affidavit of the complainant it has been proved beyond doubt that the complainant has been put to loss of Rs. 24,000/- on account of damage to the 10 sarees while transporting the same from Secunderabad to Bangalore. It is the duty and obligation of the opposite party carrier to deliver the goods in a safe and proper condition to the consignee. On the date of delivery itself one parcel was opened in the presence of the representative of the opposite party and it was found 10 sarees were damaged due to wet and therefore, the complainant has put up claim against the opposite party for the damage caused to the complainant. On the facts of the case it is very clear that there was deficiency in service on the part of the opposite party. Therefore, the opposite party is bound to compensate the loss to the complainant. Consumer Protection Act is a social and benevolent legislation. The object of the Act is to protect better interests of the consumers. The fora has to achieve the object of the Act by ordering the opposite party to pay the cost of the damaged sarees. Since, there is delay in settling the claim the complainant is also entitled for a reasonable interest on the claim amount from the opposite party. In the result I proceed to pass the following:<br /> ORDER<br /> 7. The complaint is allowed. The opposite party is directed to pay Rs. 24,000/- to the complainant along with 9% interest p.a. on that amount from the date of this complaint till payment / realization.<br /> 8. The complainant is also entitled for Rs. 1,000/- as costs of the present proceedings from the opposite party.<br /> 9. Send the copy of this Order to both the parties free of costs immediately. <br /> 10. Pronounced in the Open Forum on this 01ST DAY OF SEPTEMBER 2009. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> MEMBER MEMBER