JAI KUMAR & ANOTHER Vs. PARMA NAND SAINI

JUDGEMENT

(1.) This appeal is directed against the order dated 26.08.2013, of learned District Consumer Disputes Redressal Forum, Mandi, whereby a complaint, under Section 12 of the Consumer Protection Act, 1986, filed by respondent -Parma Nand Saini against the present appellants, has been allowed and a direction given to them to pay a sum of Rs.71,609/ - with interest at the rate of 9% per annum, on account of freight charges and another sum of Rs.5,000/ - as compensation and Rs.3,000/ - as litigation expenses.

(2.) Respondent had filed a complaint, under Section 12 of the Consumer Protection Act, 1986, alleging that his truck had been hired by the appellants for carriage of their agricultural produce from Ner Chowk to Delhi, for which a sum of Rs.67,940/ - was payable by way of freight and Rs.3,669/ - on account of toll tax and unloading charges. He alleged that neither the freight nor the toll tax and unloading charges had been paid to him. With these allegations he sought issuance of a direction to the appellants for payment of a sum of Rs.71,609/ -, besides seeking compensation and litigation expenses.

(3.) Appellants did not appear and were, therefore, ordered to be proceeded against ex -parte. Learned District Forum, vide impugned order, has allowed the complaint with the finding that breach of contractual services is there, as held by the West Bengal Consumer Disputes Redressal Commission in M/s. Cementone versus Larson & Toubro Limited, 1996 (II) CPR 348 and this Commission in appeal No.07 of 1999 titled Lalman vs. Mohan Lal, decided on 24.05.1999. Learned District Forum has observed that breach of contractual service is on par with deficiency in service.