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Thread: NITCO Transport

  1. #1
    Advocate.sonia's Avatar
    Advocate.sonia is offline Senior Member
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    Default NITCO Transport

    M/S Bombay Plastic Industries, Basal Road, P.O. Chambaghat, Tehsil and District Solan, H.P. through its proprietor Shri Balbir Singh.
    … Complainant.
    Versus

    1. NITCO Transport Pvt. Ltd. Registered Office NITCO House Jammu, 180002 through its Managing Director.
    2. Shri Pawan Kumar, Branch Manager, NITCO Transport Pvt. Ltd. Rajgarh Road, Opp. Municipal Committee Office, Solan, H.P.

    …Opposite Parties
    O R D E R:

    Sureshwar Thakur (District Judge) President:- The instant complaint has been filed by the complainant, by invoking the provisions of Section 12 of the Consumer Protection Act, 1986. The complainant avers that it is engaged in the business of manufacturer of plastic goods and its factory and office is located at Basal, while the OPs are engaged in the business of transportation. It is averred that the OPs transported two consignments which were delivered to the complainant at Solan. The complainant further proceeded to aver that when he appeared before Sales Tax Authorities, he came to know that the OPs in a wrongful manner had entered the delivery of Ayurvedic medicines in ST-XXXVI form bearing No.0130088210 vide GR No.609078 bill No.06 dated 08.04.2003, whereas the ayurvedic medicines are alien to the business of the complainant, as a result of which he had to pay additional tax. It is further contended that the OPs were requested to rectify the mistake, but to no avail. Hence, it is averred that there is apparent deficiency in service on the part of the OPs and accordingly relief to the extent as detailed in the relief clause be awarded in favour of the complainant.

    2. The OPs filed reply to the complaint and took preliminary objections regarding status of the complainant as a consumer, jurisdiction of the Forum to entertain and try the present complaint etc. On merits, it is contended that the entries on Form No. ST-XXVI bearing No.0130088210, was entered at barrier by the official of the Excise & Taxation Department and no fault qua entry in ST-XXXVI form, is attributable to the OPs and the complainant has not impleaded Excise & Taxation Department as a party. Hence, it is denied that there was any deficiency in service on the part of the OPs or that they have indulged in an unfair trade practice.

    3. Thereafter the parties led evidence by way of affidavits and documents in support of their rival contentions.

    4. We have heard the learned counsel for the parties at length and have also thoroughly scanned the entire record of the case.

    5. The complainant avers that the OPs while purportedly misusing form bearing No.0130088210 G.R. No.609078 bill No.06 dated 08.04.2003 and in that manner having caused loss to the complainant, in as much, as, it having driven the complainant to pay tax qua items which he neither purchased nor received. However, the said bill purportedly misused by the OPs in the manner averred by the complainant, is, not, on file. Hence, its non-production constrains us to dwell upon the legality of the assertion of the complainant squarely anvilled on its strength. Beside, even if, it had come on record, its, purported misuse having allegedly resulted in lawful loss to the complainant and lawful gain to the OPs was the subject matter of adjudication of a criminal court of competent jurisdiction and not of this Forum. Hence, the complaint merits fails and is liable to be rejected.

    6. As a result of the above, the relief as claimed in the instant complaint is disallowed.

  2. #2
    Unregistered Guest

    Default Complaint again Nitco Transport for improper handling and packaging of goods

    i have parceled my bike from Nitco Transport Khandsa Office (Gurgaon) on 6 May 2011 (Receipt No: 329265) and paid 1500\- as transport charges and 200\- as packing charges. It was told to me that bike would be loaded on next day (7may) and would reach Amritsar on 8 May. However i came to know that bike was loaded on truck on Monday 9 May. I kept waiting for complete one week and received bike on Friday 13 May, but in completely damaged position. I talked with Nitco helpline, but they seem to be helpless and told me that improper handling of goods is not a liability of Nitco.
    I had to spend 5000\- extra for repairing and clearing dents on my bike. I urge for complete reimbursement of charges that i have paid to Nitco in addition to charges i have spent for repairing of my bike.

    NITCO Roadways, 37-38, K M Mile Stone, NH-8, Khandsa Road, Gurgaon
    (Receipt No: 329265), Bike No: PB02AT 2324
    From Gurgaon to Amritsar

    Thanks,
    Harsimran Singh
    9953777613

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