BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM RAICHUR.
COMPLAINT NO. (DCFR) CC. 32/2012.
THIS THE 12th DAY OF OCTOBER 2012.
P R E S E N T
1. Sri. Pampapathi B.sc.B.Lib. LLB PRESIDENT.
2. Sri. K.H. Sri Ramappa, B.A.LLB. MEMBER.
*****
COMPLAINANT :- B. Ambaji S/o. Bheemappa Proprietor M/s. Sri.
Mahalaxmi Textiles, Teen Khandil, Ashok Road,
Raichur.
//VERSUS//
OPPOSITE PARTIES :- 1. The Manager, Director Sri Sai Transport and Courier
Pvt. Ltd., W.B. Plaza, 1st floor No. 123/141A, Ward No.3, New Cotton Market, Opp: North Traffic Police Station, Hubli- 580029.
2. The Manager, Shri Sai Transport and Courier Pvt.,
Ltd., Raichur Bus Stand, Raichur- 584 101.
CLAIM : For to direct the opposites to pay an amount of Rs.
6,224/- for the loss of goods booked for transportation to Shahpur through opposite No-2, to pay an amount of Rs. 50,000/- towards damages and mental agony and to pay an amount of Rs. 50,000/- towards deficiency in service with interest and cost.
Date of institution :- 19-04-12.
Notice served :- 15-05-12.
Date of disposal :- 12-10-12.
Complainant represented by Sri. Mallinath S. Hiremath, Advocate.
Opposite No. 1 Ex-parte.
Opposite No- 2 represented by Sri. C. Pandu, Advocate.
****
This case coming for final disposal before us, the Forum on considering the entire material and evidence placed on record by the parties passed the following.
JUDGEMENT
By Sri. Pampapathi President:-
This is a complaint filed by complainant Sri. B. Amjabi against the opposite Sai Transport Corporation & Courier Private Ltd., U/sec. 12 of Consumer Protection Act for to direct the opposites to pay an amount of Rs. 6,224/- for the loss of goods booked for transportation to Shahpur through opposite No-2, to pay an amount of Rs. 50,000/- towards damages and mental agony and to pay an amount of Rs. 50,000/- towards deficiency in service with interest and cost.
2. The brief facts of the complainant’s case are that, opposite No-1 is Head office of Sri. Sai Transport and Courier Pvt. Limited situated at Hubli. Opposite No-2 is the Branch Office of it situated at Raichur. On 13-06-2011 complainant booked a bundle of cloths weighing about 25 Kgs worth of Rs. 6,224/- in the transport office of opposite No.2 at Raichur for to deliver it to Bhavani Dresses, Shahpur by paying an amount as charged by opposite No-2, but the said consignment not delivered to the addressee at Shahpur and after detail enquiry with opposite Nos. 1 & 2, it is informed to him that, the said consignment lost in transit and it will be traced within short period, till today, neither opposite No-1 nor opposite No-2 traced the consignment, simply they are giving to reasons for non tracing it. Hence, opposite Nos. 1 & 2 found guilty under deficiency in their services.
3. Opposite No-1 Head office of Sai Transport Corporation Pvt. Limited remained Ex-parte. Opposite No-2 Branch Office of opposite No-1 appeared in this case through its Advocate, filed written version by denying all the allegations of complainant and also it defended by giving blame on the complainant for non furnishing details of consignment, non mentioning the actual made of the consignment and value of it etc., Bhavani Dresses, Shahpur the consignee have not been made party and thereby the complaint is not maintainable for non joinder of necessary party and prayed for to dismiss the complaint among other grounds.
4. In-view of the pleadings of the parties. Now the points that arise for our consideration and determination are that:
1. Whether the complainant proves that, he booked bundle of cloths weighing about 25 Kgs worth of Rs. 6,224/- on 13-06-2011 in the transport of opposite No-2 at Raichur for to deliver it to Bhavani Dresses Shahpur, however, the said consignment not delivered to the addressee at Shahpur and not returned to him and after enquiry, it is stated by the opposite that, the said consignment was missing in the transport and thereby opposite Nos. 1 & 2 found guilty under deficiency in their services.?
2. Whether complainant is entitled for the reliefs as prayed in his complaint.?
3. What order?
5. Our findings on the above points are as under:-
(1) In the affirmative
(2) As discussed in the body of this judgement and as noted in the final order.
(3) In-view of the findings on Point Nos. 1 & 2, we proceed
to pass the final order for the following :
REASONS
POINT NO.1 :-
6. To prove the facts involved in these two points, affidavit-evidence of the complainant was filed, who is noted as PW-1. Affidavit-evidence of PW-2 was filed, in support of the affidavit-evidence of PW-1. Totally documents Ex.P-1 to Ex.P-6 are marked. On the other hand, affidavit-evidence of Opposite No-2 was filed, who is noted as RW-1 and documents Ex.R-1 to Ex.R-3 are marked.
7. On perusal of the pleadings of the parties, their respective evidences and documents. Now the main point for our consideration and determination is that:
Whether the complainant has booked the consignment weighing about 25 Kg containing bundle of cloths, worth of Rs. 6,224/- for to deliver it to one Bhavani Dresses at Shahpur through opposite No-2 courier on 13-06-2011.
8. In the instant case, the material documents to prove the above said facts by the complainant are Ex.P-1 booking receipt (consignor copy) dt. 13-06-2011 issued by opposite No-2. Ex.P-2 is the bill with details of goods consigned with opposite No-2 on 13-06-2011 for to deliver it to Bhavani Dresses at Shahpur.
9. Ex.R-2 is the consignment note of opposite No-2 as it sent the said consignment of complainant through KSRTC Bus bearing No. KA-32/F-1966 and Ex.R-3 is consignor receipt. Another material document is at Ex.P-3, it is a letter written by opposite No-1 to the complainant dt. 02-07-2011.
10. On perusal of all these documents referred by us including document Ex.P-3, it is proved fact that, complainant booked bundle of cloths weighing 25 Kg worth of Rs. 6,224/- in the office of opposite No-2 at Raichur for to deliver it to the Bhavani Dresses at Shahpur.
11. In Ex.P-3 reply letter sent by opposite No-1 who is placed Ex-parte in this case. Wherein, it admitted in clear terms that, this consignment booked by complainant on 13-06-2011 is missing, it not traced out either at Raichur office or in Shahpur office. However they are doing their best efforts to trace out the said consignment.
12. In view of all these facts, how opposite No-2, is denying the case of complainant when is head office clearly admitted the missing of the said bundle vide its letter Ex.P-3 as such, the complainant need not prove anything more of the admitted facts. Hence, the contentions raised by the opposite No-2 in his written version as well as in his affidavit-evidence, with created documents Ex.R-1 & Ex.R-2 clearly establishes the facts that, opposite Nos. 1 & 2 have committed deficiency in their services right from the date of transporting the consignment of complainant till today.
13. As regards to non maintaining the complaint for non joinder of necessary party who is Bhavani cloth stores Shahpur, we are of the view that, this contention has no legal support because of the fact that, complainant has no grievances of any kind against Bhavani Cloth Stores, Shahpur and Bhavani cloth store has no adverse interest in the interest of complaint. Hence, this contention of opposite is rejected. Hence complainant has proved his case without any doubts, accordingly we answered Point No-1 in affirmative.
14. As regards to the reliefs are concerned, the prayer of complainant for to award an amount of Rs. 6,224/- which is value of the goods with transportation charges are supported by the documentary evidences. Hence, the complainant is entitled to get that amount of Rs. 6,224/- from opposite Nos. 1 & 2 jointly and severally.
As regards to the deficiency in service of opposite Nos. 1 & 2, complainant is entitled to get lumpsum amount of Rs. 3,000/- from the opposite Nos. 1 & 2 jointly and severally. The complainant is also entitled to get an amount of Rs. 2,000/- towards cost of litigation. The complainant is also entitled to get future interest at the rate of 9% p.a. on total sum of Rs. 11,224/- from the date of this complaint till realization of the full amount, accordingly we answered Point No- 1 & 2.
POINT NO.3:-
15. In view of our findings on Point Nos-1 & 2, we proceed to pass the following order:
ORDER
The complaint filed by the complainant is partly allowed with cost.
The complainant is entitled to get total amount of Rs. 11,224/- from opposite Nos. 1 & 2 jointly and severally.
The complainant is also entitled to get future interest at the rate of 9% p.a. on the above total sum of Rs. 11,224/- from the date of the complaint till realization of the full amount.
Opposite Nos 1 & 2 is hereby granted one month time from the date of the judgment to make the above said amount.
Intimate the parties accordingly.
(Dictated to the Stenographer, typed, corrected and then pronounced in the open Forum on 12-10-12)
Sri. K.H. Sri Ramappa Sri. Pampapathi,
Member. President,
District Consumer Forum Raichur. District Consumer Forum Raichur.
