BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.367 of 2016

Date of Instt. 26.08.2016

Date of Decision :11.04.2017

J.R. Enterprises, Head Office, Ram Bagh Colony, Back side Transport Nagar, (Bypass) Opposite Gaushala Jalandhar 144012, Punjab through Jasbir Singh, its proprietor.

..........Complainant

Versus

The Jalandhar Ex-Servicemen Motor Transport Co-operative Society Limited, Ladowali Road, Jalandhar 144001 through its Secretary/Authorised Person. .........Opposite party

Complaint Under Consumer Protection Act.

Before: Sh. Karnail Singh, (President),

Sh. Parminder Sharma (Member)

Present: Sh. KC Malhotra, Adv. Counsel for complainant.

Opposite Party exparte.

Order

Karnail Singh (President)

1. This complaint filed by complainant through Jasbir Singh its proprietor, it is alleged in the complaint that the complainant is a Distributor and Marketer of Screw Driver hired/availed of the services of opposite party. Opposite party is engaged in the transport business and is providing transport services under the carrier of Goods Act. The complainant availed of the services of opposite party and got booked Impact Wrench ½” vide GR No.A-97138 dated 05.12.2015 as per complainant's invoice No.332 dated 05.12.2015 for value of Rs.71,400/- for safe transportation from Jalandhar to Delhi destination quickly in time and to pay the freight charges of transported goods. The value of the Industrial Goods as per Invoice No.332 dated 05.12.2015 was for an amount of Rs.71,400/- was duly informed to the opposite party at the time of booking Impact Wrench.

2. The goods booked for transportation have not reached the destination despite the complainant protected follow up, protestation, personal visits and mobile calls to opposite party who has neither confirmed nor enlightened the status of transported goods and reason of non-delivery thereof though a period of about more than 8 months has elapsed. That evidently opposite party has failed to deliver the transported goods at the destination of delivery. The complainant is unaware of the fate of the consignment. The opposite party on one pretext or the other put off the complainant on flimsy ground that opposite party will enquire about the reason for non-delivery of consignment from Jalandhar to Delhi. The opposite party's act and conduct of non-delivery of consignment, aggravated the distress and hardship of the complainant because opposite party is patently exhibited carelessness, negligence due to its failure to deliver the consignment ever since booking of the goods aforesaid. The act and conduct of the opposite party tantamount to unfair and deceptive trade practice, imperfection and inadequacy to provide services hired by the complainant on consideration. Opposite party has behaved in very irresponsible, un-business manner due to which the complainant has suffered harassment, mental pain and agony and financial loss. All the efforts made from opposite party went in vain and legal notice dated 08.06.2016 was served upon the OP but no reply was received and necessity arose to file the complaint with the prayer that the complaint of the complainant may be accepted and OP be directed to pay the price of Wrench i.e. Rs.71,400/- alongwith interest @ 12% per annum from the date of booking of the goods up to the date of actual payment and further OP be directed to pay compensation for harassment Rs.20,000/- and litigation expenses Rs.5000/-.

3. Notice of the complaint was given to opposite party and accordingly Sh. Ashish Bhandari, Adv appeared on behalf of OP and case was fixed for filing written statement and even cost was imposed of Rs.300/- but neither the cost was deposited nor reply was filed rather none was appeared on behalf of OP and ultimately OP proceeded against exparte vide order dated 09.11.2016.

4. In order to prove his exparte claim, the learned counsel for the complainant tendered into evidence affidavit of the proprietor of complainant Ex.CA and some documents Ex.C1 to Ex.C8 and closed the evidence.

5. We have heard the learned counsel for the party and also gone through the file very minutely.

6. After considering the over all circumstances, we find that the complainant took a services of the OP for transportation of Wrench vide GR No.A-97138 dated 05.12.2015 and copy of the GR is available on the file Ex.C7 whereby the said Wrench was booked for carrying the same from Jalandhar to Delhi but the said goods were never reached at the destination till the day of filing of complaint and cost of goods is Rs.71,400/- as per invoice of the purchase of goods Ex.C6. It is agreement between the complainant and OP that the said goods will reach at the destination i.e. Delhi quickly in time and for that purpose the OP has charges of transportation from Jalandhar to Delhi. In order to prove the factum of the complaint, the complainant tendered his own affidavit Ex.CA and whereby reasserted the entire facts as elaborated in the complaint. The evidence led by the complainant remains un-rebutted and un-challenged and under these circumstances, we have no earthly ground to discard the exparte evidence of the complainant and moreover for not reaching the goods well within time a mental agony and harassment is caused to the complainant and accordingly we find that there are much substances in the argument put forth by the complainant and therefore we hold that the complainant is entitled for relief claimed.

7. In view of the above detailed discussion, the exparte claim of the complainant is partly accepted and OP is directed to pay the price of the goods Rs.71,400/- with interest @ 9% from the date of booking of goods i.e. 05.12.2015 till realization and further OP is directed to pay a compensation for harassment to the complainant to the tune of Rs.7000/- and litigation expenses Rs.3000/-. The entire compliance be made within one month from the date of receipt of copy of order, failing which the complainant will be entitled to get interest on the above said whole amount @ 9% from the date of filing complaint till realization. Compliance of the order be made within 30 days from the date of receiving copy of order. Complaint could not be decided within stipulated time frame due to rush of work.

8. 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 Parminder Sharma Karnail Singh

11.04.2017 Member President