CC.No.590 of 2007
Between:

V. Siva Rama Krishna,
S/o Sambaiah,
R/o D.No.12-1-47/2,
Factory Road,
Kothapet, Guntur-1. … Complainant

And
1. Raja Travels,
rep. By its authorized person head office,
G-23, Swarna Jayanthi Complex,
Ameerpet, Hyderabad-38.

2. Raja Travels,
branch office,
rep. by its Branch Manager Krishna,
C/o Sindu Tours & Travels,
Opp. RTC New bus stand,
Guntur-1. … Opposite parties

This complaint coming up before us for hearing on 22-1-09 in the presence of Sri P.V. Ramana, Advocate for complainant, 1st opposite party remained absent and of Sri N. Jimbo, advocate for 2nd opposite party, upon perusing the material on record and having stood over till this day for consideration this Forum made the following:

O R D E R

Per Smt C. Rachel Devavaram, Member:-


This complainant is a resident of Guntur and he is doing self-employment work shop by running the Engineering fabrication works in the name and style of Chaitanya Industries at Guntur. The complainant undertake job work of his customers. The 1st opposite party doing transport and cargo business in the name and style Raj travels in the state of Andhra Pradesh and 1st opposite party is the head office and 2nd opposite party is the branch office situated at Guntur.
The complainant doing hydraulic cotton baiting press works on behalf of his customers. The complainant obtained job work from his client by name Govind & other marketing agencies. As per the requirement the complainant purchased two varieties of SS rods, which particulars are given below:
1.SS Rod –63 kgs @240x700=Rs.15,288/-
2.SS Rod –26 kgs @100x700=Rs. 2,670/-
+4% vat tax = Rs.718/-
Total: =Rs.18,676/-
He booked two gunny bags with the 1st opposite party’s office on 4-8-07 for transportation of this stock to Guntur. The 1st opposite party collected consignment charges of Rs.120/- from the complainant and issued booking slip.
Subsequently, after two days 2nd opposite party informed the complainant about the delivery of the stock. Then the complainant approached 2nd opposite party’s branch and found only one gunny bag instead of two gunny bags. The 2nd opposite party expressed his inability about missing of one gunny bag and advised the complainant to make complainant before 1st opposite party and handed over the Xerox bill to 2nd opposite party for verification on 10-08-07. The 2nd opposite party received Xerox bill and issued a list dated 04-08-07 to the complainant. The complainant did not receive any delivery from the 2nd opposite party due to missing of one gunny bag. The complainant got issued a legal notice to both the opposite parties. Both the opposite parties received the notice dated 21-8-07 and signed on the acknowledgments.
The complainant filed this complaint against the opposite parties due to deficiency of service rendered by the opposite parties while transporting the cargo. Hence, the complaint.
Inspite of notice and publication 1st opposite party remained absent, hence set exparte. The 2nd opposite party filed its version. The brief facts of the version are as follows:
The 2nd opposite party denies the allegations mentioned in the complaint. The 2nd opposite party submits that the complainant cannot describe as consumer as he does not fulfill any of the requirements of the definition of “consumer” with in the meaning of Sec.22 (i)(d) of the Act. There is no service involved as defined under Sec.2(i)(e) of the Act in the context of the facts stated in the complaint and there is no deficiency of service in any respect of the action of this opposite party and there is no consumer dispute as defined in Sec.(1)(e). The 2nd opposite party further submits that he is no way concerned with the transaction as stated by the complainant in the complaint. This opposite party did not approach the branch office at any point of time and the complaint is not maintainable and is liable to be dismissed.
The points for consideration are:
1.Whether any deficiency of service on the part of the opposite parties?
2.To what relief?
POINTS 1 & 2:- Complainant filed his affidavit and marked Exs.A-1 to A-8. Ex.A-1 is the original stock purchase bill dated 4-8-07. Ex.A-2 is the original delivery challan dated 4-8-07. Ex.A-3 is the copy of cargo slip dated 4-8-07. Ex.A-4 is the copy of cargo day list dated 04-08-07. Ex.A-5 is the Raja travels bills dated 9-8-07. Ex.A-6 is the registered postal slip No.2 dated 21-8-07. Ex.A-7 is the office copy of legal notice dated 21-8-07 and Ex.A-8 is the postal acknowledgement dated 23-8-07. No documents are marked on behalf of opposite parties.
After perusing the material available before the Forum, it is found that the complainant had purchased two varieties of SS rod items in two separate gunny bags which is evident from Ex.A-1. The gunny bags were booked with 1st opposite party’s office for transportation to Guntur. The 1st opposite party collected necessary consignment charges i.e., Rs.120/- from the complainant and issued booking slip i.e, Ex.No.A-2. Subsequently after two days the 2nd opposite party informed the complainant about the delivery of stock. But the complainant found only one gunny bag instead of two gunny bags, the 2nd opposite party expressed his inability about missing of other gunny bag and advised the complainant to make a complaint before the 1st opposite party. The 2nd opposite party received the Xerox bill and issued a list dated 4-8-07 to the complainant. The complainant did not receive any delivery from the 2nd opposite party due to missing of one gunny bag. This clearly shows the deficiency of service on the part of the opposite parties in misplacing the booked articles.
The 2nd opposite party cannot absolve itself from the liability on the ground that it has received only one bag from the main office. The 2nd opposite party being the branch office of 1st opposite party is equally liable. Thus, both the opposite parties are liable for the missing bag and its contents or in alternative its value. The missing bag contains SS rods weighing 63 kgs worth Rs.15,288/-. Therefore, both the opposite parties are to make good the loss to the complainant while returning the available gunny bag with its stock SS rods weighing 26 kgs. Further they are liable to pay compensation of Rs.1000/- towards mental agony, pain and suffering and legal expenses of Rs.500/-. Accordingly, the complaint is allowed in part in terms as indicated below:
1.Both the opposite parties are hereby directed to return the available gunny bag containing SS rods weighing 26 kgs worth Rs.2,670/-.
2.Further the opposite parties are directed to pay the value of missing material worth Rs.15,288/- along with interest @ 9% p.a. from 04-08-07 to till the date of realization on the said sum.
3.Further they are directed to pay Rs.1000/- towards compensation for mental agony, pain and suffering.
4.Rs.500/- is awarded towards cost of litigation.
5.The amounts ordered above shall be paid within a period of six weeks from the date of receipt of copy of this order.