BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM, JALANDHAR.
Complaint No.482 of 2017
Date of Instt. 19.12.2017
Date of Decision: 03.07.2018
Anshul Setia (aged about 30 years) son of Sh. Gulshan Setiya, R/o E.B. 133, Quilla Mohalla, Jalandhar City, Punjab.
..........Complainant
Versus
Surjit Goods Carriers (REGD.), Kapurthala Chowk, Jalandhar, Punjab.
….….. Opposite Party
Complaint Under the Consumer Protection Act.
Before: Sh. Karnail Singh (President)
Smt. Harvimal Dogra (Member)
Present: Complainant in person.
OP exparte.
Order
Karnail Singh (President)
1. The instant complaint is filed by the complainant, wherein stated that he is a partner of the firm M/s Medistar Healthcare, situated at Shop No.62, 3rd Floor, P&R Complex, Near Friends Cinema, Jalandhar City. The OP is in transport business at Kapurthala Chowk, Jalandhar. The complainant took the services of the OP for sending the stock of medicines from Jalandhar to M/s Luxmi Medicos, Bathinda against G.R. No.J526500 Bill No.359 dated 25.05.2017. The supporting documents are being attached hereby for kind perusal. The total value of the stock was Rs.14,899/-, the copy of the bill to acknowledge the amount was also sent along with the carton of the medicines. (Carton No.359/1).
2. That even after 10 days from the booking of the stock, the client of the complainant namely M/s Luxmi Medicos did not receive the stock. Then the complainant again inquired about the stock from the OP, but no satisfactory reply was given by the OP. After one month of the booking date, when the complainant personally visited the office of the OP, they asked him to call at their Ludhiana Office and accordingly, the complainant called at Ludhiana Office, they stated that the carton from Jalandhar office has not yet been received. Then after this, the complainant again went to the office of OP at Jalandhar. They further asked the complainant to talk to their owner and accordingly, the complainant met the owner of the OP, but again no satisfactory reply was given by the OP and the owner asked him to send a person to their Ludhiana godown to check and find out the missed carton. Then the complainant sent his person to Ludhiana on his own expenses, but again all in vain. Thereafter, the complainant went to the office of the OP to get some positive response regarding his lose, but the owner asked him to wait for a week and call him after one week. After one week, when he called the owner of the OP on 09.10.2017, he asked him to send his G. R. number, Copy of bill via Whtsup, on his words, complainant sent the same to him, but no response was given by him. Then again the complainant visited the office of the OP and again they asked him to come after the festival of Diwali and even the complainant visited the office of OP after the festival of Diwali, but they again asked to wait for further 10 days and thereby the complainant suffered a lot of harassment, loss of business due to this non-responsive, non-cooperative and casual behaviour of the OP and accordingly, this complaint filed with the prayer that the complaint may please be accepted and OP may be directed to pay compensation of Rs.50,000/- as to occur upon the value of the lost stock and business loss, which he had to suffer in due course of time.
3. Notice of the complaint was given to the OP, but despite service OP did not come present and ultimately, OP was proceeded against exparte.
4. In order to prove his exparte claim, the complainant himself tendered into evidence his own affidavit Ex.CA along with some documents Ex.C-1 to Ex.C-3 and closed the exparte evidence.
5. We have heard the complainant in person and also gone through the case file very minutely.
6. After taking into consideration the contents of the complaint as well as perusal of the documents, it reveals that the story narrated by the complainant in the complaint is fully established because the complainant has brought on the file photostat copy of the Invoice, whereby the medicines purchased, the bill is Ex.C-3 for amounting to Rs.14,999/- and the said bill number is 359 dated 25.05.2017 and the items mentioned in the said bill is Ex.C-3 was sent to Bathinda through carrier of the OP and when the said article by packing in one carton was handed over to the OP, they issued the receipt by mentioning the bill No.359/1, means bill number 359 and one carton and charges Rs.63/- for that services and issued the receipt Ex.C-1 and Ex.C-2. Despite delivering the said Carton carrying medicines to the OP, the same never reached at the destination i.e. Bathinda in the premises of M/s Luxmi Medicos and for that purpose, the complainant made number of request and visits at the office of the OP, but they did not bother for a much long time and ultimately, the instant complaint filed, which itself shows that there is a deficiency in service and negligence on the part of the OP as the stock handed over to the OP for sending at Bathinda, has been lost on transit, if so then, the OP is liable to indemnify the complainant for all purpose and accordingly, we reach to the conclusion that the complainant is entitled for the relief claimed and thus, we accepted the complaint of the complainant in partly and in lump sum awarded the amount of Rs.30,000/-, to the complainant, which including the cost of the Carton (Goods) as compensation as well as litigation expenses. The OP is directed to make the payment of the aforesaid amount within one month from the date of receipt of the copy of order, failing which the complainant will entitle to get interest thereon @ 12% per annum from the date of filing complaint i.e. 19.12.2017, till realization. This complaint could not be decided within stipulated time frame due to rush of work.
7. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Harvimal Dogra Karnail Singh
03.07.2018 Member President
