Per Shri Dhanraj Khamatkar – Hon’ble Member:
(1) This appeal takes an exception to an order dated 30.11.1998 passed by the Consumer Disputes Redressal Forum, District Aurangabad.
(2) The facts leading to this appeal can be summarized as under:
The Respondent No.2/original Complainant No.2 had dispatched 118 cartons of capsicum C.W. and Cauliflower S.B. 16 in truck No.MPO 9K-5645 on 22.07.1995 through a truck of Opponent/present Appellant. The goods were insured with Respondent No.1/Complainant No.1. The goods reached to the destination in damaged condition. The loss was estimated to `90,240/-. Accordingly the Complainant No.2/Respondent No.2 issued a notice to the Appellant/Opponent. The Respondent No.2/Complainant No.2 submitted the insurance claim to the Respondent No.1/Complainant No.1 and the Respondent No.1/Complainatn No.1 settled the claim for `74,845/- by paying the insurance claim. The Respondent No.2/Complainant No.2 had issued a letter of subrogation in favour of Complainant No.1/Respondetn No.1. On the basis of subrogation the Complainant Nos.1 and 2/Respondent Nos.1 and 2 have filed a complaint alleging the deficiency on the part of the Opponent/Appellant and praying to direct the Appellant to pay `88,137/-along with an interest @18% per annum from the date of filing of the complaint.
(3) The Appellant/Opponent failed to appear before the District Forum in spite of the service. The District Forum considering the facts of the case and evidence adduced, allowed the complaint directing the Appellant/Opponent to pay an amount of `74,845/- along with interest @ 12% per annum from 04.06.1996 till realization and `500/- as costs vide order dated 30.11.1998.
(4) The matter was on sine-die list. After taking the matter on board, we had issued notices to both the parties. The Appellant appeared through Advocate Ms.Anita Marathe, proxy for Advocate Mr.J.M. Baphana.
(5) We heard the Learned Counsel. Admittedly the Complainant No.2/Respondent No.2 dispatched 118 cartons of capsicum C.W. and Cauliflower S.B.16 in truck no.MPO 9K 5645 on 22.07.1995 through Appellant/Opponent. The goods were insured with the Complainant No.1/Respondent No.1. The goods reached to its destination in damaged condition. The damage was estimated to `90,420/-. The Complainant No.2/Respondetn No.2 informed to the Appellant/Opponent and requested to pay the damage amount. As the Respondent No.2/Complainant No.2 have not received the damage amount from Appellant/ Opponent, he filed a insurance claim before Respondent No.1/Complainant No.1. The Respondent No.1/Complainant No.1 settled the claim for `74,845/- and paid the amount to Respondent No.2/ Complainant No.2 and after receipt of the amount the Respondent No.2/Complainant No.2 issued a subrogation letter in favour of the Respondent No.1/Complainant No.1 and on the basis of the same the complaint was filed.
(6) The Appellant/Opponent failed to contest the matter before District Forum. The Appellant/Opponent being a service provider failed to transport the goods in good condition. Not transporting the goods properly amounts to deficiency in service on the part of the Appellant/Opponent. Taking into consideration the facts of the case the District Forum has passed the order.
(7) We find that the order passed by the District Forum is just and proper. The appeal is without any substance. We hold accordingly and pass the following order:
O R D E R
(i) The appeal is dismissed.
(ii) The order of District Forum dated 30.11.1998 is hereby confirmed.
(iii) Inform the parties accordingly.
Pronounce on 21st September, 2011.
