Karnataka

Bangalore 4th Additional

CC/15/688

Sri. Krishna Prasad A.S - Complainant(s)

Versus

Trackon Couriers Pvt Ltd and Other - Opp.Party(s)

K. Govindaraj

17 Apr 2018

ORDER

Complaint filed on: 10.04.2015

                                                      Disposed on: 17.04.2018

 

BEFORE THE IV ADDL DISTRICT

CONSUMER DISPUTES REDRESSAL FORUM, BENGALURU

 1^ST FLOOR, BMTC, B-BLOCK, TTMC BUILDING, K.H.ROAD, SHANTHINAGAR, BENGALURU – 560 027      

 

 

CC.No.688/2015

DATED THIS THE 17^th APRIL OF 2018

 

PRESENT

 

 

SRI.S.L.PATIL, PRESIDENT

SMT.N.R.ROOPA, MEMBER

 

Complainant/s: -                                 

Sri.Krishna Prasad A.S.,

Director,

Sanskar Systems India Pvt., Ltd., No.1, Shreesha Nilaya,

5^th Cross, R.R.Layout,

Bangalore-560 056.

 

By Adv.Sri.K.Govindaraj

    

V/s

Opposite party/s

 

1. Trackon Couriers Pvt. Ltd.,

   No.219, 1^st Main, 5^th Cross, 

   Domlur Layout, Bangalore-

   560071.

   By its representative

   Sri Shashikanth, Area Manager

 

2. Track On Courier,

Bangalore Office, No.15, 5^th Cross, Sirsi Road, Chamarajpet, Behind Police

Station, Bangalore-560 018.

By its Sri.Chandrashekar.

 

EXPARTE

 

 

PRESIDENT: SRI.S.L.PATIL

 

 

                1.           The complainant has filed this complaint as against the Opposite Parties (herein after referred as OPs) directing to pay a sum of Rs.34,650/- and Rs.1,00,000/- as compensation.

 

            2.       The brief facts of the case of the complainant is that it is a private limited company represented by its Director, who is duly authorized to file this complaint on behalf of the said company. It is a company which supplies materials to various customers/establishments engaged, in supplying various electrical, electronics, mechanical engineering items. The complainant submits that they buy from the manufacturer/Dealer and supply to the user and they send these goods to the buyer destination by Courier/cargo by road/air. Whereas the OP is a courier service providing Pvt.Limited company. In furtherance of its activities, the complainant sent a consignment to Nuclear Power Corporation of India, Narora Automic Power Station, Narora, Bulandshahr 202389, on 19.11.2014. The same was sent through OP Courier.

 

          3.       The complainant submits that when the consignee i.e., Nuclear Power Corporation did not receive the material sent, inpsite of lapse of considerable time, it made enquiries with him. Consequently, he made enquiries with the OP as to what happened to the materials sent. It is only thereafter, the OP informed the him orally that the materials are stolen. However, quite strangely, the OP did not give any police complaint in that regard, so far.

          4.       The complainant submits that the price of the materials sent, i.e., (1) Benq Make 20 Inches LED monitor, Modle-VL2040AZ, and (2) VGA 15 Pin to VGA 15 Pun 10 meter long cable for led monitor, together is worth Rs.34,650/-. As the materials sent were lost, he purchased similar items once again to send the same to its customer namely Nuclear Power Corporation of India, by paying the above quoted price once again, only with an intention of not losing a valued customer. However, to the dismay of the complainant, the Nuclear Power Corporation by way of a letter dt.20.1.2015 informed the complainant that it requires copy of FIR towards loss of Form-38, Original copy/cutting of national news paper publishing towards loss of above named Form-38, and indemnity bond on Non Judicial stamp paper of Rs.100/- towards an undertaking for complete responsibility in case of above form-38 (for transporting the goods from Bangalore to Narora the Nuclear Power Corporation issued Form-38, related to sales tax department, which is given to Track on courier along with the goods) As all the documents mentioned were also lost while in transit, he could not comply with those requirements. Consequently, it could not send the materials purchased on the second occasion and which are lying unwanted. Thus, he has suffered a loss of Rs.34,650/- once again totaling approximately Rs.70,000/-.

         

          5.       The complainant further submits that to get the fact of loss of documents (especially Form 38) published in newspaper as per requirement of Nuclear Power Corporation, he has to spend approximately Rs.10,000/-. In addition, he has to bear cost of the proceedings, other than suffering hardships and mental agony.

         

          6.       The complainant submits that he has hired/availed the services of OP for consideration. It was the duty and responsibility of the OP to ensure that, the materials it undertook to deliver reached the consignee in good condition, and promptly. He had paid the cost and availed the services of the OP. The above narrated incident is nothing but deficiency of service on the part of the OP, as defined under section 2 (g) and (o) of the Consumer Protection Act, 1986. The OP has admitted that, the goods/materials did not reach the consignee, and also it has not taken any steps as per law to get back the materials. The OP has not come forward to make good the loss suffered by the complainant.

         

          7.       The complainant submits that cause of action to file the complaint arose on 19.11.2014, when materials were handed over to the OP to be delivered to consignee, and on 18.2.2015 when the OP sent intimation regarding loss of materials to him.

 

          8. Notice was ordered to issue to the Opposite parties 1 and 2. Inspite of notice duly served on them, they did not appear, hence placed exparte.

 

9. The complainant to substantiate his case filed affidavit evidence and got marked as Ex-A1 to A8. The complainant has also filed written arguments. We placed reliance on it.

  

10. The points that arise for our consideration are:

1. Whether the Complainant proves deficiency of service on the part of Op.no.1 & 2, if so, whether he entitled for the relief sought for ?    
2. What Order ?

                  

           

 

11.  Our answers to the above points are as under:

 

Point no.1: In the Affirmative 

Point no.2: As per the final order for the following

 

REASONS

 

12. Point No.1:  We have briefly stated the contents of the complaint. Even though the notices were duly served on the Ops 1 and 2, they did not appear to oppose the claim of the complainant. Under such circumstances, non-appearance/non-filing of the version, amounts to an admission with regard to the grievance of the complainant. In the light of decision reported in 2018 (1) CPR 314 (NC) in the case of M/s Singla Builders & Promoters Ltd., V/s Aman Kumar Garg.

 

          13.     In this context, we placed reliance on the contents of the complaint with reference to the documents produced by the complainant. The affidavit filed by the complainant in support of his claim go to show that he has sent the said goods to the destination by courier. During the transit, the said materials were stolen. In this context, the Ops did not give any police complaint. The prices of the said materials sent are Benq Make 20 Inches LED monitor, Modle-VL2040AZ, and (2) VGA 15 Pin to VGA 15 Pun 10 meter long cable for led monitor, together is worth Rs.34,650/-.  As the said materials sent were lost, the complainant purchased similar items once again to send the same to its customer namely Nuclear Power Corporation of India, by paying the above quoted price once again, only with an intention of not losing a valued customer. However, to the dismay of the complainant, the Nuclear Power Corporation by way of a letter dt.20.1.2015 informed the complainant that it requires copy of FIR towards loss of Form-38, Original copy/cutting of national news paper publishing towards loss of above named Form-38, and indemnity bond on Non Judicial stamp paper of Rs.100/- towards an undertaking for complete responsibility in case of above form-38 (for transporting the goods from Bangalore to Narora the Nuclear Power Corporation issued Form-38, related to sales tax department, which is given to Track on courier along with the goods). The said documents mentioned were also lost while in transit. Hence, the complainant could not comply with those requirements. Consequently, it could not send the materials purchased on the second occasion and which are lying unwanted. In this context, he has suffered a loss of Rs.34,650/-  in all totaling approximately Rs.70,000/-. The complainant has specifically stated that now to get the fact of loss of documents (especially Form 38) published in newspaper as per requirement of Nuclear Power Corporation, he has to spend approximately Rs.10,000/-. In addition, he has to bear cost of the proceedings, other than suffering hardships and mental agony. These facts are appears to be true in correct since the Ops 1 and 2 did not appear before this Forum to oppose the claim of the complainant.

 

14. The complainant also stated that he has hired/availed the services of the Ops for consideration. In this context, he has placed all the material documents marked as Ex-A1 to A8. Hence, it was the duty and responsibility of the Ops to ensure that the materials undertook to deliver reached the consignee in good condition, and promptly. In this context, the complainant paid the cost and availed the services of the OP. Hence, the above narrated incident is nothing but deficiency of service on the part of the Ops. We also noticed that OPs have admitted that, the goods/materials did not reach the consignee, and also it has not taken any steps as per law to get back the materials. Even the Ops did not come forward to make good the loss suffered by the complainant. In this context, we are of the opinion that if the Ops 1 and 2 are directed to pay an amount of Rs.34,650/- being the cost of the said materials. With regard to the similar material purchased by the complainant paying the same cost which he could not send on the second occasion which are lying unwanted. In this context, he suffered loss of Rs.34,650/-. In this context, if we ordered to pay Rs.34,650/- for purchasing the second time, we hope ends of justice would met sufficiently. So in all, Complainant is entitled for an amount of Rs.34,650/- + Rs.34,650/-= Rs.69,300/-. With regard to the compensation is concerned, the complainant has sought for Rs.1,00,000/-. We have already come to the conclusion in respect of loss sustained by the complainant in respect of purchasing the same articles in the 2^nd time, the said amount is ordered to pay to the complainant by the Ops. Hence, we are inclined to grant the compensation. With regard to the cost of litigation is concerned, we fix Rs.1000/-. Accordingly, we are come to the conclusion that there is deficiency of service on the part of the Ops. Accordingly, we answered Point No.1 is in the affirmative.   

 

15. Point No.2: In the result, we pass the following:

 

ORDER

 

          The complaint filed by the Complainant is allowed. The Ops 1 and 2 are jointly and severally liable to pay an amount of Rs.34,650/- + Rs.34,650/- in all Rs.69,300/- to the complainant with interest at 6% p.a. within 6 weeks from the date of this Order.

 

          Further, the Ops 1 and 2 are also directed to pay an amount of Rs.1000/- being the cost of this litigation.

 

          Supply free copy of this order to both the parties.

 

            (Dictated to the Stenographer, got it transcribed, typed by her/him and corrected by me, then pronounced in the open forum on 17^th April 2018).

 

 

 

(ROOPA.N.R)     MEMBER

(S.L.PATIL)  PRESIDENT

                                                                                          

 

1. Witness examined on behalf of the complainant/s by way of affidavit:

 

 

Sri.Krishna Prasad A.S., who being the complainant was examined. 

 

Copies of Documents produced on behalf of Complainant/s:

 

Ex-A1	Original computer generated commercial invoice bill dt.19.11.2014
Ex-A2	Counter foil issued by Trackon Couriers dt.26.11.2014
Ex-A3	Letter dt.5.12.2014
Ex-A4	Mail copies
Ex-A5	Letter dt.29.12.2014
Ex-A6	Letter dt.20.1.2015
Ex-A7	Letter dt.20.1.2015
Ex-A8	Letter dt.18.02.2015

 

 

Copies of Documents produced on behalf of Opposite party/s

 

NIL -

 

 

 

 

 

(ROOPA.N.R)     MEMBER

(S.L.PATIL)   PRESIDENT