GOUTAM DEBNATH Vs. BIBHAS RANJAN BHATTACHARJEE

JUDGEMENT

(1.) Both the fora below have given the concurrent findings by partly allowing the complaint filed by Sh. Bibhas Ranjan Bhattacharjee against Transport Carrier- Sri Goutam Debnath, Proprietor of Home Packers and Moovers-OP. After his retirement, the complainant who was working as Associate Professor of Ishwar Chandra Vidyasagar College, Belonia decided to move to his residence from the State of Tripura to his house situated at Kolkata. OP was engaged for transporting of all his household goods from Belonia to Kolkata. List of articles were prepared and the complainant had to pay charges in the sum of Rs.52,576/- . The goods of the complainant consisted of 38 large packets. The goods were to reach Kolkata within 10-12 days. The goods were handed over to the OP on 06.04.2013. On 04.06.2013, the complainant sent a letter to the OP enquiring about the reason for delay in delivering the goods.

(2.) On 07.07.2013, the OP informed the complainant that the truck was hijacked from Guwahati, Assam and the case was registered with Baishisthapur Police Station. The goods did not reach the destination. The complainant sent a legal notice on 04.11.2013. In response to that, the OP made an attempt to avoid his liability by stating that since the complainant had not insured the goods at the time of booking, therefore, he was not responsible.

(3.) The District Forum allowed the complaint partly and granted Rs.1,69,110/- towards loss of consignment, Rs.52,576/- being the transportation charges, Rs.5,000/- for harassment/mental agony and Rs.1,000/- as litigation costs. Both the parties filed two separate appeals against this order. The State Commission confirmed the order rendered by the District Forum but dismissed the appeal for enhancement of the amount filed by the complainant.