By Sri. MOHANDASAN.K, PRESIDENT
1. The complainant is the proprietor of “health lines” situated at Ernakulum for 2 years who concentrate in trading of raw materials for manufacturing mainly of “medicated beds “for hospitals, clinics, health centers etc. The raw material for he said product is PU foams of special quality sue only for the manufacturing of “medicated beds “. The said PU foams are so dedicated and sophisticated which should be handled with utmost care. The complainant had purchased PU foams from JUMAX FOAM PVT LIMITED, GAUTHAMBUDH NAGAR, UP, on 13/09/2021, Vide invoice number JF /21-22/02575 and vide invoice number JF/21-22/02576 as follows:
1. 441.30 kgs. of first Gr.PU Foam sheets –HD WORTH Rs. 1,71,842/-
2. 3175 mm PU foam memory sheets worth Rs.2,78,042/-.
2. The opposite parties are highly reputed transport operates fit for the transportation of the said product PU foams. The complainant booked the above purchased raw material in 43 packages with the first opposite party from Ghaziabed to Calicut form 14/09/2021 vide CNS No. N6001703184. In normal course the consignment should have been reached at Calicut within 10 days. But the consignment never had reached at Calicut. The complainant contacted the first opposite party many times and according to the direction of first opposite party furnished the details of booking of the said consignment to them. But unfortunately, the consignment remained un delivered at Calicut. The complainant lodged a complaint on 24/10/2021 via email to first opposite party, which also not cared or not even answered.
3. Later, after much struggle it was leaned by the complainant that the booked consignment had reached at Cochin instead of the real destination of Calicut. The opposite parties never informed such things to the complainant in time. The complainant urged the opposite parties to re-direct the said consignment to the real destination at Calicut at the earliest. The complainant also informed the opposite parties that the complainant would incur more expense on account of transportation etc., if the said consignment is cleared at Cochin. But opposite parties never re directed the consignment to the real destination at Calicut or never cared such pleas at all.
4. On 22/11/2021 the complainant cleared consignment from Cochin itself and transported the raw material to Calicut by his own cost. It is very unfortunate to submit that the delay in clearing the consignment was occurred due to the negligence and irresponsibility of the opposite parties, the opposite parties collected delay collection charges of Rs.30,000/-from the complainant. The complainant also submitted that they incurred an expense of Rs.15,000/- on account of the transportation of material from cochin to Calicut. The opposite parties had not paid such transportation charge to the complainant. Hence the complainant submits that due to the act of the opposite parties he suffered huge financial loss, mental agony, and other physical hardship. The complainant submit that they could not supply the PU foams in time who ordered according to their requirements. The complainant submit that due to non-supply of PUF foams in time the complainant lost many of his permanent clients. The complainant lost his reputation of trust worthy trader due to the actions of the opposite parties. The complainant submit that he suffered a financial loss about 8,00,000/- rupees. The complainant submits that an “uncertainty “was formed in the trade of the complainant and he is suffering irreparable mental agony and other hardship due to the actions of the opposite parties. The act of the opposite parties amounts gross negligence in the service and unfair trade practice. Hence the complainant pray for the refund of delay collection charges Rs.13,000/-, prayed refund of transportation charge from cochin to Calicut Rs.15,000/-, compensation on account of difficulties sustained to the tune of Rs.1,00,000/-, Rs.8,00,000/- to the trade loss sustained to the complainant, Rs.1,00,000/- towards the loss of his reputation and Rs.20,000/- to the cost of the proceedings.
5. On admission of the complaint notice was issued to the opposite party and the opposite party entered appearance and filed vakalath. But the opposite party did not file version. The opposite party filed version on 25/07/2022 which is beyond the statutory period provided in the Consumer Protection Act 2019. Hence the prayer to condone the delay was not allowed and no version was recorded.
6. The complainant filed affidavit and documents. The documents marked as Ext.A1 to A8.
7. Ext. A1 is copy of GST invoice dated 13/09/2021. Ext. A2 is copy of email issued by complainant to the opposite party dated 24/10/2021. Ext. A3 is copy of customer copy issued by associated road carriers limited to the complainant dated 14/09/2021. Ext. A4 is copy of purchase order dated 10/08/2021. Ext. A5 is copy of payment voucher dated 22/11/2021. Ext. A6 is copy of consignment tracking details of the consignment booked by the complainant reveals destination Kozhikode. Ext. A7 is copy of consignment note dated 14/09/2021. Ext. A8is copy of Audio Cd with printed copy of the communication.
8. The opposite party did not file version within the statutory period and so set exparte .
9. The case of the complainant stands proved through the affidavit and documents there is no contra evidence against the contention of the complainant. it appears the complainant booked consignment at Ghaziabad to deliver the same at Calicut. But the opposite party delivered the same at Kochi. There after the complainant throughout contacted the opposite parties but the opposite party did not care to heed the request of complainant. The opposite party delivered the articles later to the complainant after collecting delay collection charge of Rs.13,000/-. The complainant submitted that he spends Rs.15,000/- for transporting the consignment from Cochin to Calicut. The complainant pray for the compensation on various heads i.e. on account of sufferings, trade loss, loss of reputation and also cost of the proceedings. It appears there is sufficient reason to allow the prayer of complainant. But the compensation claimed appears without any basis and without any proper supporting documents. It is genuine to direct the opposite parties to refund the delay collection charges of 13,000/- and direct to pay transportation expenses of 15,000/-. In addition to that though there is no specific data before the Commission, it appears the complainant suffered much hardship, inconvenience, mental agony and financial loss due to the defective and unfair trade practice committed by the opposite parties. So, it will be reasonable to allow Rs.1,00,000/- as compensation on account of the defective and unfair service and thereby caused inconvenience and hardship mental agony and financial loss sustained to the complainant.
In the light of above fact and circumstances we allow this complaint as follows: -
- The opposite parties are directed to refund Rs.13,000/- on account of delay collection charges received from the complainant.
- The opposite parties are directed to refund the transporting charges from Cochin to Calicut of Rs.15,000/- to the complainant.
- The opposite parties are directed to pay Rs.1,00,000/- as compensation on account of unfair trade practice to the complainant
4.) The opposite parties are directed to pay Rs.10,000/- as cost of the proceedings.
The opposite parties are comply this order within one month from the date of receipt of copy of this order, failing which the opposite parties are liable to pay interest at the rate of 12% per annum for the entire above amount from the date of order to till date of payment.
Dated this 5th day of April , 2023.
APPENDIX
Witness examined on the side of the complainant: Nil
Documents marked on the side of the complainant: Ext.A1 to A8
Ext.A1: Copy of GST invoice dated 13/09/2021
Ext.A2: Copy of email issued by complainant to the opposite party dated 24/10/2021.
Ext A3: Copy of customer copy issued by associated road carriers limited to the
complainant dated 14/09/2021.
Ext A4: Copy of purchase order dated 10/08/2021.
Ext A5: Copy of payment voucher dated 22/11/2021.
Ext A6: Copy of consignment tracking details of the consignment booked by the
complainant reveals destination Kozhikode.
Ext A7: Copy of consignment note dated 14/09/2021.
Ext A8: Copy of Audio CD with printed copy of the communication
Witness examined on the side of the opposite party: Nil
Documents marked on the side of the opposite party: Nil
