JUDGMENT

Shri A.K.Patra,President 

1. The facts of the complaint in brief is that, on 01 March 2021 , one Simunu Behera has sent a package from Baramaunda Bus stand ,containing one “Cannon MF244DW Printer” through a bus namely “SARALA” bearing vehicle registration  number OD-02-BH-6199 travelling from Bhubaneswar to Bhawanipatna .He had paid an amount of Rs.300/-towards the service charges to transport of the said package. The package was received by Mr. Pramod Kumar Maharana who was working as conductor of the said bus. On 2^nd March 2021, when the complainant reached the Bhawanipatna bus stand & met Mr Pramod , bus conductor of the said bus to obtain the package, shockingly the bus conductor of the said bus answered him  that the said package is missing from bus and   upon such unpleasant situation the complainant approached the manager of the said bus to solve the issue & get his package, then & there the complainant had been assured by all of them that they will lookout the package & in case they failed to deliver the package, then they will compensate the  loss. A few days after occurrence of such unpleasant issue, due to Covid-19 restriction the movement of bus got hampered and issue remain unsolved. There after the complainant had talked to Mr. Upendra Pradhan ,the owner of the said bus at Bhubaneswar,  and approached the owner of the said bus for several times to compensate his loss but every time he has given false assurance then the complainant approached the Inspector in-charge, Bhawanipatna Town Police Station and lodged a complaint where upon  the bus staffs were  called up to the police station for an enquiry. The staffs (O.Ps) on 14 November 2021 had given a written assurance that they will make the payment by 16th November2021. But now when the bus is traveling regularly to Bhawanipatna, he approached the bus staffs several times to resolve his issue. But they are talking in an adamant manner offering an amount of Rs.6000/- as they can manage that much amount only. It is further contended that the complainant is a youth earning his  livelihood through doing computer work , as eight months has been passed, he is deprive from earning his  bread & butter. The cost of the said printer is Rs.26000/-  and the amount OPS  have offered is only one fourth of the cost of the said printer, hence this complaint alleging unfair trade practice & deficiency in service on the part of Ops with a prayer for an order directing the OPS to give a brand new printer of the same model or pay Rs 26,000/- the cost of the lost printer, compensation of Rs. 1,00,000/- towards harassment & mental agony, Rs 12,00/- towards loss of earning each month.
2. The complainant in support of his claim has filed the copy of admission of  Pramod Kumar Maharana(OP.No3) before the officer in-charge PS Bhawanipatna ,Tax in voice/Buyer bill for purchasing of the alleged CANON PRINTER MF244DW for an amount of Rs. 25,960/- ,Bus Ticket  issued from the said bus conductor  towards  payment of Rs 300/- for transportation of 1PKT .
3. On being notice, the O.P No.1(one)  appeared through their advocate Sri S.K Sahu but no written version is filed  ,OP NO. 2 & 3 appeared through their advocate Sri S.K Panda but no written version is filed, OP No. 4 appeared with his written version admitting the facts that, on 01 March 2021 he had sent one package to the complainant Sri Samip Behera from Baramunda bus stand, containing one “Canon MF244DW Printer” by alleged bus namely “SARALA” bearing vehicle registration number OD02BH6199 travelling from Bhubaneswar to Bhawanipatna. The package was received by Mr. Pramod Kumar Maharana who was working as conductor of the said bus and that, an amount of Rs.300/- has been paid towards the transport service charges of the said package, for which a ticket has been issued. With this version, OP No. 4 prays to exclude him from the case as he has no fault for non delivery of the articles to the complainant.
4. This Commission has given sufficient opportunity of hearing to the parties but neither party has adduced any evidence on affidavits as prescribed under C.P Act 2019. However, perused the materials available on record and we have our thoughtful consideration on the submission of the learned counsel appeared for the parties 
5. Here the “doctrine of non –traverse” will rightly be applicable as non of the allegation made by the complainant are ever disputed or traversed by the O.P No .1, 2, 3 in any manner .The opposite party No. 1, 2, & 3 have neither disputed nor produced any evidence contrary to the averment of the complainant which in terms is a clear admission of facts of the complaint and the same need not be proved as per Sec 58 of Indian evidence Act. Law is well settled that every allegation of facts in the complaint if not denied specifically or by necessary implication, or stated to be admitted in the pleading of the O.Ps shall be taken to be admitted except as against a person disability. Where the O.ps have not filed a pleading. It shall be lawful for the court to pronounce judgment on the basic of the fact contend in the plaint except as against the person under a disability (Reliance placed upon the judgment of the Hon’ble Supreme Court passed in  M.Venkataramana Hebbar Vs M. Rajagopal Hebbar & Others, Lohia Properties (P) Ltd Vs. Atmaram Kumar).
6. Evidently, on  01 March 2021 Op No 4  had sent one package to the complainant Sri Samip Behera from Baramunda bus stand, containing one “Canon MF244DW Printer” by bus namely “SARALA” bearing vehicle registration number OD02BH6199 travelling from Bhubaneswar to Bhawanipatna. The package was received by Mr. Pramod Kumar Maharana who was working as conductor of the said bus and that, an amount of Rs.300/- was paid towards the service charges for transportation of  the said package, for which a ticket has  been issued  is available on  the record proved that, service of transport is hires from the OPS  NO. 1, 2, & 3 for consideration paid by the OP.NO. 4 where upon the complainant is the beneficiary of that service. But the article is not yet delivered to the complainant is clear negligence & deficient service towards the complainant.
7. In the light of above said discussion and settled principle of law, we are of the considered view that, the OP No.3 has neglected to deliver the goods booked for transport and it is not yet delivered to the beneficiary /complainant which clearly proved the deficient services of the Op No.3 Promod Kumar Maharana certainly caused financial loss & mental agony to the complainant, as such he is entitled to be compensated by the O.P No 3 . However, the Op No . 1 being the owner of the bus & the employer of the Op No 3 is vicariously liable to indemnify the loss caused to the complainant due to the negligence & deficiency in service of the OP. No 3.Here, the complainant has failed to adduce any evidence to prove the injuries sustained except non delivery of said articles, hence he is not entitle for the loss of earning or any other damages as prayed for, as such, complaint is allowed in part. Hence the order.     

ORDER

The consumer complaint is partly allowed on contest against the Ops .The Opposite Party No.1 is directed  to pay the price of the lost articles  CANON PRINTER MF244DW i.e Rs. 25,960/- (Rupees twenty five thousand nine hundred sixty) only  to the complainant and he is further  directed to pay compensation of Rs.10,000/-(ten thousand) only towards causing mental harassment & agony  and  Rs.2,000/-(Two thousand )only towards litigation cost to the complainant within four weeks from the date of receipt of this order, failing which the OP. 1 shall go on paying compensation of Rs.200/ daily till the order is complied. The OP No.1 is at liberty to realize the aforesaid awarded amount from the Op No.3 at his own cost.

Dictated and corrected by me.

                                                             President

            I agree

               Member                                   President

Pronounced in open the Commission today on this 19^th day of October 2022 under the seal and signature of this Commission.

 Copy of this judgment be provided to the parties free of cost and be uploaded on the website of this Commission for perusal of the parties.

Order accordingly.

               Member                                   President