Tamil Nadu

South Chennai

CC/324/2013

Ravindra Kumar - Complainant(s)

Versus

Venson Transport (p)Ltd., - Opp.Party(s)

K.S.Ganesh Babu

14 Nov 2018

ORDER

                                                                        Date of Filing  : 07.10.2013

                                                                          Date of Order : 14.11.2018

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

                 TMT. K. AMALA, M.A., L.L.B.                                : MEMBER-I

 

C.C. No.324/2013

DATED THIS WEDNESDAY THE 14^TH DAY OF NOVEMBER 2018

                                 

Mr. Ravindra Kumar Daga,

Proprietor,

Sri Bherunath Enterprises,

Old No.135, Angappa Naicken Street,

Chennai – 600 001.                                                      .. Complainant.                                                    

 

                                                                                             ..Versus..

 

M/s. Venson Transport (P) Ltd.,

Rep. by its Managing Director,

No.234, Peters Road,

Royapettah,

Chennai – 600 014.                                                  ..  Opposite party.

          

Counsel for complainant      :  M/s. K.S. Ganesh Babu & others

Counsel for opposite party  :  M/s. J. James & others

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act, 1986 praying to pay a sum of Rs.11,570/- being the value of consignment with interest at the rate of 24% p.a. and Rs.50,000/- towards compensation for mental agony, worry and tension with cost to the complainant.

 

1.    The averments of the complaint in brief are as follows:-

The complainant submits that on 21.05.2013, he has handed over the consignment box to the opposite party vide bill No.1610341 for delivering to the complainant’s customer M/s. Aircon Refrigeration Co. at Bangalore.  The complainant states that the contents of the consignment, the Capacitors and its value Rs.11,570/- are also noted in the invoice dated:21.05.2013, No.A-193 under Form C.   The complainant submits that the opposite party has not delivered the said consignment to the complainant’s customer.  Evenafter repeated requests, contacts and letter dated:12.07.2013, there is no response.  The opposite party neither delivered the consignment nor returned back the consignment to the complainant.  Hence, the complainant issued legal notice dated:16.08.2013 for which also, there is no response.  The act of the opposite party caused great mental agony.   Hence the complaint is filed.

2.      The brief averments in the written version filed by the  opposite party is as follows:

The opposite party specifically denies each and every allegation made in the complaint and puts the complainant to strict proof of the same.   The opposite party states that the complainant Sri Bheryunath Enterprises represented by its Proprietor Ravindra Kumar Daga filed this case establishes the commercial transaction which cannot be dealt under the Consumer Protection Act, 1986.  The opposite party states that the consignment has not been delivered to the consignee because evenafter repeated intimation, the consignee has not come forward to take delivery of the consignment.   The opposite party states that as per the Carriage by Road Transport Act, 2002, the consignment should be taken delivery of the 15^th day of its booking.   The terms and conditions of the consignment and way bill are also very clear to that effect.   The opposite party states that without claiming the consignment and taking delivery of the consignment after a lapse of 52 days the complainant issued notice dated:12.07.2013 which has nothing to do with that consignment and delivery.  Therefore, there is no deficiency in service on the part of the opposite party and hence the complaint is liable to be dismissed.

3.    To prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A6 are marked.  Proof affidavit of the opposite party is filed and no documents marked on the side of the opposite party.

4.      The points for consideration is:-

1. Whether the complainant is entitled a sum of Rs.11,570/-, the value of consignment plus 14.5% tax with interest at the rate of 24% p.a. as prayed for?

2. Whether the complainant is entitled a sum of Rs.50,000/- towards compensation with cost as prayed for?

 

 

5.      On point:-

Both parties filed their respective written arguments. Perused the records namely the complaint, written version, proof affidavits, documents etc.  The complainant pleaded and contended that on 21.05.2013, he booked a consignment with the opposite party and handed over the consignment box vide bill No.1610341 for delivering to the complainant’s customer M/s. Aircon Refrigeration Co. at Bangalore.  Further the contention of the complainant is that the contents of the consignment, the Capacitors and its value Rs.11,570/- are also noted in the invoice dated:21.05.2013, No.A-193 under Form C.  Ex.A1 is the copy of invoice by the complainant and Ex.A2 is the copy of way bill issued by the opposite party.   Further the contention of the complainant is that the opposite party has not delivered the said consignment to the complainant’s customer.  Evenafter repeated requests, contacts and Ex.A3, letter dated:12.07.2013 there is no response.  The opposite party neither delivered the consignment nor returned back the consignment to the complainant.   Hence, the complainant issued legal notice dated:16.08.2013 as per Ex.A5 for which also, there is no response proves the deficiency in service.  The complainant is claiming to pay a sum of Rs.11,570/- the value of consignment with a compensation of Rs.50,000/- and cost.

6.     The contention of the opposite party is that the complainant Sri Bheryunath Enterprises represented by its Proprietor Ravindra Kumar Daga filed this case establishes the commercial transaction which cannot be dealt under the Consumer Protection Act, 1986.  But on a careful perusal of records, it is very clear that the complainant sent a parcel to one M/s. Aircon Refrigeration Company of Bangalore through the opposite party transport proves that there is no commercial transaction between the opposite party and the complainant; is only road transport service and the transaction is only for transporting the consignment.  Further the contention of the opposite party is that the consignment has not been delivered to the consignee; even after repeated intimation, the consignee has not come forward to take delivery of the consignment.  But there is no record.  Further the contention of the opposite party is that as per the Carriage by Road Transport Act, 2002, the consignment should be taken delivery of the 15^th day of its booking.   The terms and conditions of the consignment and way bill are also very clear to that effect.  But neither the complainant nor the opposite party has not produced any such terms and conditions.   

7.     Further the contention of the opposite party is that without claiming the consignment and taking delivery of the consignment after a lapse of 52 days the complainant issued notice as per Ex.A3 which has nothing to do with that consignment and delivery.  But the opposite party has not stated anything about the consignment and its distraction or its delivery or it was returned to the complainant proves the deficiency in service.  Considering the facts and circumstances of the case this Forum is of the considered view that the opposite party shall pay a sum of Rs.11,570/- plus freight charges of Rs.200/- with interest at the rate of 9% p.a. from the date of complaint to till the date of this order and a sum of Rs.10,000/- towards compensation for mental agony with cost of Rs.5,000/-.

In the result, this complaint is allowed in part.  The  opposite party is directed to pay a sum of Rs.11,570/- (Rupees Eleven thousand five hundred and seventy only) being the cost of consignment plus freight charges of Rs.200/- (Rupees two hundred only) along with interest at the rate of 9% p.a. from the date of complaint (i.e.) 07.10.2013 to till the date of this order and to pay a sum of Rs.10,000/- (Rupees Ten thousand only) towards compensation for mental agony with cost of Rs.5,000/- (Rupees Five thousand only) to the complainant.

The above  amounts shall be payable  within six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 14^th day of November 2018. 

 

MEMBER –I                                                                      PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:

Ex.A1	21.05.2013	Copy of invoice by the complainant
Ex.A2	21.05.2013	Copy of way bill issued by the opposite party
Ex.A3	12.07.2013	Copy of letter by the complainant by the opposite party
Ex.A4	15.07.2013	Copy of acknowledgement by the opposite party
Ex.A5	16.08.2013	Copy of legal notice by the complainant’s Counsel
Ex.A6	20.08.2013	Copy of track result in AD card

 

OPPOSITE  PARTY SIDE DOCUMENTS:  NIL

 

 

MEMBER –I                                                                      PRESIDENT