GATI LTD Vs. CHANDRA MOHAN PRASAD

JUDGEMENT

(1.) THE complainant engaged the petitioner company for transporting his goods from Gaya to Greater Noida and entrusted his household articles to it for the said purpose. The goods were transported from Gaya to Greater Noida in a Tata Truck. According to the complainant, a sum of Rs. 12,000/ - was demanded from him towards transportation of the goods and Rs. 1,500/ - towards packaging charges when he engaged the services of the petitioner, but on reaching Gaya office, a sum of Rs. 35,108/ - was demanded from him towards freight charges in addition to the packaging charges. The said amount was paid by the complainant. When the goods reached the destination on 26.06.2007, the same were received by a relative of the complainant and it transpired that steel almirah, sofa set, air conditioner, dressing table and crockery articles etc. had been damaged. The complainant reported the matter to the petitioner company, which promised to settle the matter. That, however, was not done. Being aggrieved, the complainant approached the concerned District Forum, by way of a complaint, seeking compensation amounting to Rs. 1,90,000/ - besides Rs. 15,000/ - towards costs of litigation and Rs. 5,000/ - towards costs of sending legal notice.

(2.) THE complaint was resisted by the petitioner company, inter alia, on the ground that they had demanded and charged Rs. 35,108/ - for transportation of the goods and the same was the amount agreed and paid by the complainant. As regards the alleged damage to the goods, it was stated in the reply that the same were delivered in safe, intact and sound position. It was also alleged that though a surveyor was also appointed to verify the alleged damage to the goods, the complainant did not cooperate with him and as a result the inspection could not be carried out.

(3.) THE District Forum, vide its order dated 20.11.2010, directed the petitioner to pay a sum of Rs. 70,000/ - to the complainant towards compensation for damage to the goods, alongwith interest on that amount at the rate of 6% per annum. The petitioner was also directed to pay Rs. 10,000/ - as compensation for the mental agony and Rs. 25,000/ - towards the costs of litigation.