The case is taken up for exparte order.
The case of the complainant is brief is that the complainant purchased some shirting pieces about 144 .25 meters with Rs 77/- per meter & 64 suit pieces with Rs.30/- per piece , totaling to sum of Rs. 30,371/- on 1.08.2014 from one Kariwal Agencies , Jhabarkatra, Mahabisthan , Siliguri . Dist- Darjeeling. & the said Kariwal Agencies, the representative of the complainant arranged to carry the same through Op no.1 from Siliguri to Ahmedabad. The Kariwal Agencies paid freight charges of Rs.836/- along with service tax to the Op no .1 for and on behalf of the complainant. The complainant after some days from the date of booking visited the office/ Godown of the Op no.2 at Ahmedabad , Gujarat for enquiry about the goods/ consignment but the Op no 2 denied to have received the same from the Op no 1.On September. 2014 the complainant visited the Op no 2 to enquire the consignment but The Op no 2 express their inability to deliver the same due to non-receipt/ loss of the same in transit.Accordingly,the Op no.2 issued one shortage / damaged/ leakage certificate for Rs.30, 317/- to the complainant. The complainant with the said certificate lodged his claim for indemnification of losses to the OP no.1 of Rs.30, 317/- along with freight charge of Rs.836/-. At the time of receiving the certificate the OP no.1 also received the original bill & original consignee copy with Seal & signature. After that the complainant requested several times to the Ops to make payment of the claim amount along with freight charges & interest but to no good. Thereafter the complainant sent legal notices to the Ops but all in vein. Thus the complainant filed this case with a prayer for payment of the value of goods and the freight charges along with other reliefs.
The Ops enter appearance through their representative but later on they did not turn up.
Hence the case proceeds exparte against the Ops.
The complainant filed following documents in support of his contention:-
- Original copy of power of attorney.
- Xerox copy of bill dated 01.08.14.
- Xerox copy consignment note dated 01.08.14.
- Xerox received copy of shortage / damage/ leakage certificate dated 12.09.14.
- Carbon copy of letter dated 12.09.14 addressed to the branch manager, Nitco Roadways Pvt. Ltd. , Siliguri .
- Hand written copy of letter dated07.05.15 addressed to the managing director, Nitco Roadways, Jammu.
- Hand written copy reminder letter dated 25.5.15 addressed to the managing director Nitco Roadways, Jammu.
- Computerized/ second copy of rural Office dated 16.12.15 along with original postal receipt.
- Original envelope with A/D card written by the postal Department.
From the unchallenged documentary evidence it reveals that complainant at Siliguri hired the service of the OPs’ company for carrying some shirting & suiting pieces from Siliguri to Ahmedabad through OP no.1 for Delivery of the same to the complainant at Ahmedabad, Gujarat on 01.08.14. vide consignment note bearing No.SLG1D801002 dated 01.08.14 but the goods of the complainant was not delivered at Ahmedabad, Gujarat. Accordingly the OP no.2 issued shortage/ damage / leakage certificate to the complainant. The OP no 1 received the same from the complainant but did not pay his amount despite of several requests to the Op company through letter and legal notices.
Contd......P/2
-:2:-
From the above discussion it is clear that the complainant is a consumer under C.P.Act 1986 & one of the Ops i.e. the OP no.1 is within the jurisdiction of this Forum. Hence the case is well maintainable in this Forum.
From the above discussion we are also of the view that there is nothing to disbelieve the complainant as the OP did not come forward to contest the case and the complainant succeed to prove the deficiency in service on the part of the OP company.
The complainant is entitled to get Rs.30, 371/- and towards the value of the goods & Rs.836/- on account of freight charges along with compensation of Rs.8,000/- for mental pain & agony, negligence and deficiency in service.
Hence, it is
ORDERED
The Consumer Case No. 98/S/2016 be and the same is allow exparte against the OP No.1, 2 & 3. The OP no 1, 2 & 3 are directed to pay jointly and severally Rs.30, 371/- towards the cost of the goods and freight charges of Rs.836/- to the complainant.
The OP company are also directed to pay Rs.8, 000/- towards mental pain & agony, negligence and deficiency in service.
The OPs no. 1,2 & 3 are directed to pay the above sum within 45 days failing which the complainant also entitled to have interest of the above sum @ 9 % per annum from the date of this order till realization.
In case of default of payment as ordered above the complainant is at liberty to execute this order through this forum as per law.
Copies of this judgement be supplied to the parties free of cost.
