Today is fixed for final order which has been arisen out of the exparte hearing of this case.
Complainant files hazira.
The case of the complainant in short is that complainant has been running a shoe business under the name and style as “Ratna Footwear” since long for earning his livelihood and the complainant booked a consignment with the OP on 07.11.2014 consisting of 14 cartoons of Footwear having 18 pieces in each cartoon @ Rs.275/- each i.e., of a total value of Rs.69,300/-. The complainant has paid the Freight and other charges of Rs.4,680/ in cash as charged by the OP and OP to that effect issued a receipt being C. N. No.8694 dated 07.11.2014 whereby it has been mentioned in the receipt the number of package as 14 (fourteen). That as per the promise made by the OP the consignment sent by the complainant was to be delivered at Delhi within 7 (seven) days from the date of booking the consignment i.e., 13.11.2014. The said consignment sent by the complainant was reported not delivered to ORS Foot Care Pvt. Ltd., at Delhi till the date of filing of this case i.e., 02.12.2016. As the consignment did not reach within 13.11.2014 the present complainant went to the office of the OP on 14.11.2014 to trace the where about of the same while OP took a further period of 15 days as they faced some vehicle problem but the same would be delivered within next 15 days i.e., within 29.11.2014 but the consignment was not delivered within 29.11.2014. As a result, complainant again had been to the office of the OP on 30.11.2014 and then it was assured by the OP to the complainant that the consignment would be delivered within a further period of 7 days i.e., within 06.12.2014. Complainant in consequence of that again went to the office of the OP on 07.12.2014 and this time the OP informed the complainant that they were unable to communicate with the driver of the vehicle but they were trying their level best to trace out the where about of the vehicle and would inform the complainant as and when they would be able to know the status of the undelivered goods. Since that time complainant was in continuous talk with the OP but the OP could not provide a cogent reply about the reasons for non-delivery of the said goods to the ORS Foot Care Pvt. Ltd. In this way, complainant realized that articles sent through the OP were misappropriated by them and accordingly asked the OP to return the consignment value of
Contd…..P/2
-:2:-
goods amounting to Rs.69,300/-. In the month of March, 2015, OP agreed to return the same and prayed for sometimes. Complainant several times thereafter requested the OP to return the consignment value of a sum of Rs.69,300/- but OP took times for this or that ground and ultimately on 25.11.2016 OP refused to pay the sum of Rs.69,300/- hence this case.
It appears from the case record that OP entered into appearance in this case on 17.03.2017 and filed a petition seeking time to submit written version on that date and thereafter on two dates written version were not filed and lastly on 03.05.2017 while OP again prayed for time for filing written version, the Forum rejected the prayer as statutory period for filing written version was over and ordered for running of the case exparte against the OP.
Ratnadeep Ghosh the petitioner of this case submitted his evidence in writing along with an affidavit and also filed some documents in support of the instant case in original. Subsequently, complainant furnished written argument on his behalf and ultimately the argument was heard from the side of the complainant. At the time of consideration of this case we have borne in mind the oral argument as advanced by the ld advocate for the complainant but prior to coming to a decision we are of the view to determine some points which are as follows :-
- Is the complainant a consumer as per Consumer Protection Act, 1986 ?
ii) Has the case arisen out of right cause of action which is within the territorial and pecuniary jurisdiction of this Forum or not?
- Has there any deficiency in service on the part of the OP?
- Is the complainant entitled to get the relief/relieves as prayed for?
Decision with reasons
All the above mentioned points are taken up together for consideration for avoiding repetition as well as for the sake of convenience.
First of all, it appears that the OP, the Proprietor, Cargo Movers and Transport Contractors who is running such business of transport under the name and style ‘SREE RAJ CARRYING CORORATION’ has its
Contd…..P/3
-:3:-
office at Pranami Mandir Road, near Market Complex, Pranami Mandir. So, there is no doubt in it that it is well within the territorial jurisdiction of this Forum.
The complainant has prayed for a sum of Rs.69,300/- as consignment value of the goods sent by complainant through the OP carrying corporation along with a sum of Rs.4,680/- as charged for such consignment and another sum of Rs.50,000/- as compensation and next Rs.10,000/- as litigation cost totalling a sum of Rs.1,33,980/- which is within the pecuniary ambit of this Forum. It is mentioned in the petition of complaint that complainant is running his business for his livelihood and in continuation of the same it has been considered by us that complainant is a ‘consumer’ within the meaning of Section 2(1)(d) of the Consumer Protection Act, 1986 while he approached the OP corporation for consignment of his goods which are 14 cartoons of footwear having 18 pieces in each cartoon @ Rs.275/- each the total value of which is Rs.69.300/- in favour of M/S ORS Foot Wear Pvt. Ltd. at Delhi. In absence of any contra evidence from the side of the OP on going through the lines of the petition of complaint there is no hesitation in it to hold that deficiency in service has been done from the part of the OP and that is corroborated from the documentary evidences as furnished from the side of the complainant while complainant submitted the bill in original issued by the OP Shree Raj Carrying Corporation dated 07.11.2014 along with signature thereon on behalf of the OP corporation. The document of consigner particulars of ORS Footwear Pvt. Ltd., Delhi shows the details of sent goods valued Rs.69,300/-. The OP had the opportunity to contest this case but even after appearance in this case they did not avail of that.
Considering the evidence of the complainant including the documents as furnished in absence of the OP the case of the complainant admitted became unchallenged and moreover on careful consideration it appears to this Forum that the case of the complainant is believed and that is also proved against the OP. Accordingly, we are of the view that deficiency in service has been committed in this case upon the complainant who is a consumer by the side of the OP. All the points are thus disposed of in favour of the complainant.
Contd…..P/4
-:4:-
Proper fees paid.
Hence, it is
O R D E R E D
that the instant Consumer Case No.122/S/2016 be and the same is allowed exparte in part against the OP with cost.
The OP shall pay a sum of Rs.69,300/- (Sixty Nine Thousand Three Hundred rupees only) as consignment value of the complainant together with a sum of Rs.4,680 (Four Thousand Six Hundred Eighty rupees only) as charged by the OP on 07.11.2014 for such consignment to the complainant along with a sum of Rs.15,000/- towards compensation for mental pain, agony and harassment as well as a further sum of Rs.5,000/- as litigation cost totalling a sum of Rs.93,980 (Ninety Three Thousand Nine Hundred Eighty rupees only). The OP is directed to pay above said amount of Rs.93,980 (Ninety Three Thousand Nine Hundred Eighty rupees only) to the complainant within 45 days from the date of this order failing which the amount of Rs.88,980/- shall carry interest @ 9% per annum from the date of this order till full realization of the same.
In case of default, the complainant is at liberty to put this award in execution.
Let a copy of this order be supplied to the complainant as well as to the OP by post.
