IN THE DISTRICT CONSUMERS’ DISPUTES REDRESSAL FORUM AT MYSORE<br /> <br /> PRESENT: 1. Shri.A.T.Munnoli<br /> B.A., L.L.B (Spl.) - President <br /> <br /> 2. Smt.Y.V.Uma Shenoi<br /> M.Sc., B.Ed., - Member<br /> 3. Shri. Shivakumar.J.<br /> B.A., L.L.B., - Member<br /> <br /> CC 212-2010 DATED 12.07.2010<br /> ORDER<br /> <br /> Complainant R.K.Sathya Prakash,<br /> Manager, Mukesh Road Lines, No.2203/40, New Santhepet, Mandi Mohalla, Mysore.<br /> <br /> (By Sri.M.S.J., Advocate)<br /> <br /> Vs. <br /> Opposite Party B.M.Nagappa, Mookambika Cargo Movers, No.2203/42, New Santhepet, Mysore-570021.<br /> <br /> (EXPARTE)<br /> <br /> Nature of complaint : Deficiency in service<br /> Date of filing of complaint : 22.05.2010<br /> Date of appearance of O.P. : -<br /> Date of order : 12.07.2010<br /> Duration of Proceeding : -<br /> <br /> <br /> <br /> PRESIDENT <br /> <br /> <br /> <br /> MEMBER<br /> <br /> <br /> MEMBER<br /> <br /> <br /> Sri. A.T.Munnoli,<br /> President<br /> <br /> 1. The complainant has filed the complaint under section 12 of the C.P.Act, alleging deficiency in transport service, claiming Rs.3,72,999/- and compensation of Rs.20,000/- as well as cost of the proceedings.<br /> <br /> 2. The opposite party in spite of due service, remained exparte.<br /> <br /> 3. To prove the facts alleged in the complaint, the representative of the complainant has filed affidavit and certain documents are produced. We have heard the arguments and perused the records.<br /> <br /> 4. Now, the points for our consideration is, whether the complainant has proved any deficiency in service on the part of the opposite party and that it is entitled to the reliefs?<br /> <br /> 5. Our finding is partly in affirmative, for the following reasons.<br /> <br /> REASONS<br /> <br /> 6. According to the complainant, it hired the truck of the opposite party bearing No.KA-09-A-3504 on 29.09.2008 to transport 100 cases of IML to the consignee at Pune and hire charges of Rs.7,000/- was paid and Rs.2,000/- was to be paid on the goods reaching destination. The opposite party delivered 82 cases less, worth Rs.4,04,998/-. The Active Claims Consultants have directed to recover the amount mentioned in the complaint. Some of these facts are stated by Manager of the complainant in his affidavit and certain documents are produced.<br /> <br /> <br /> <br /> 7. From the material on record, it is established that, the complainant had hired the lorry of the opposite party and entrusted 100 cases of IML for transportation. Regarding liability of the carrier, for short delivery of consignment, for the complainant, a ruling reported in 2005 (3) CPR 548 is relied upon. Since, opposite party has remained absent and claim of the complainant is not at all denied or disputed, we have no reasons to disbelieve the case put forth by the complainant. <br /> <br /> 8. The only point remains to be considered is, value of the goods entrusted for transportation. In the complaint, value of 100 cases is mentioned at Rs.4,04,998/-. When the Forum directed the complainant to produce documents regarding the value, for the complainant delivery challen cum invoice of the copy is produced. Net amount of 100 cases mentioned therein is Rs.2,01,172.50. Hence, value of 82 cases would be Rs.1,64,961.45 rounded to Rs.1,65,000/-. In addition to it, claim of Rs.20,000/- as damages is just and proper. Accordingly, following order:<br /> <br /> ORDER<br /> <br /> 1. The Complaint is partly allowed.<br /> 2. The opposite party is hereby directed to pay a sum of Rs.1,65,000/- to the complainant with interest at the rate of 10% p.a. from 24.10.2008 till realization. Entire amount shall be paid within a month from the date of this order. <br /> 3. Further, opposite party is hereby directed to pay a sum of Rs.20,000/- towards compensation to the complainant within a month from the date of this order, failing which the amount shall carry interest at 10% p.a. from the date of this order.<br /> 4. So also, opposite party to pay a sum of Rs.1,000/- to the complainant towards cost of the proceedings.<br /> 5. Give a copy of this order to each party according to Rules.<br /> <br /> (Dictated to the Stenographer, transcribed by her, transcript revised by us and then pronounced in the open Forum on this the day 12th July 2010)<br /> <br /> <br /> <br /> <br /> <br /> (A.T.Munnoli) <br /> President <br /> <br /> <br /> <br /> (Y.V.Uma Shenoi)<br /> Member<br /> <br /> <br /> <br /> (Shivakumar.J.)<br /> Member<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />