Jharkhand

Bokaro

CC/17/41

Birendra Pd. Singh - Complainant(s)

Versus

Prem Shankar Mishra - Opp.Party(s)

Raj deo Ray

29 Jun 2018

ORDER

Complainant Birendra Prasad Singh filed this complaint for a claim of Rs. 60,000/- as cost of a goods with 12% interest p.a along with compensation of 30,000/- and litigation cost of Rs.10,000/-.

2          The case of the complainant  is that he booked two bags of Hosiery cloth of value Rs 60,000/- on 16-03-2016 through New M.C. & Co. at Kolkata for transportation of goods through O.P. transport services namely Ganpati Caring Organization, now named Shubham Paribahan Seva (Old Name Co- Operative Transport) along with the original bills for delivery of goods at Chas Bokaro.

            The Complainant received the challan of the transport and enquired from the transport co. many times at the office of O.P. at Chas but only assurance were made but goods was never  delivered to him  nor he was compensated for the loss. This is a negligence on the part of the O.P. for not delivering the goods.

            Cause of the action arose on 16-03-2016 when the goods were booked for transportation at the office of the O.P. at Kolkata for delivery at Chas Bokaro.

            A legal notice was sent on 31-12-2016 to the O.P. 1 and O.P. No.2 but no reply has been received nor the goods were delivered.

3          The following documents have been filed in support.

            Anx-1- Delivery cum Road Challan dated 16-03-2016

            Anx-2- Copy of the statement of the account through which the   complainant made payment to the New M.C Company for the purchase of the goods kept in two bags for transportation.

            Anx-3 and 3/1 Copy of the receipt of the speed post dt. 31-12-2016

            Anx-4- Copy of the legal notice.

4          In spite of the notices served, the O.P. No.1 and O.P. No.2 none appeared to defend the case and as such Ex-parte proceeding has been initiated against both.

FINDINGS

5          We perused the record and it appears that complainant is doing business of supply of hospitals goods and he booked two bags containing hosiery cloth and goods on 06-03-2016 through New M.C. & Company at Kolkata for transportation of goods from O.P. No.1.

            On perusal of Anx-1 which is delivery cum road Challan issued from New M.C. & company Kolkata who booked the two bags at Kolkata from O.P. No.1 Ganpati Caring organization  for delivery at Chas Bokaro through its office at Chas. It is contented  by the complainant that he had booked the bags at Kolkata through New M.C & Company for transportation of the goods for delivery at Chas. However he has not filed any payment receipt of the O.P. No.1 to show, he had paid the amount for transportation charge. Therefore the contention of the complainant that he is a consumer availing the services of the O.P. No.1 is not truth. In the instant case New M.C. Company had booked the bags at Kolkata and as such New M.C. Company availed the services of the O.P. No.1 at Kolkata not the complainant.

            Therefore we hold that the complainant is not a consumer availing the services of O.P. No.1 at Kolkata therefore this complaint is hereby dismissed.