LAWS(NCD)-2009-2-74

TANU Vs. CHANDIGARH KENNEL CLUB

Decided On February 10, 2009
Tanu Appellant
V/S
Chandigarh Kennel Club Respondents

JUDGEMENT

(1.) THIS is a case of loss of a bitch of the petitioner which is alleged to have been stolen, which was brought to the Kennel Club for a dog show in a cage by the complainant No.2 who is the trainer.

(2.) CASE of the complainants in brief are that Dr. Tanu Singh and Shri Sudhir Sharma filed a complaint before the District Forum inter alia alleging that they owned a bitch of Pomeranian breed called Chiny which was registered with Kennel Club of India. Complainants assessed the market value of the bitch at Rs. 50,000. The Chandigarh Kennel Club organized a dog show on 2.2.2003. Shri Sudhir Sharma, complainant No. 2, had kept the bitch in a cage after the display of the bitch before the Judges. It is alleged that Shri Ishwinder Singh who is the steward (outer -ring) with mischievous intention got the cage of the bitch opened which resulted the Bitch Chiny running away from the cage and was later on picked up by a foreign lady who asked Shri Ishwinder Singh to locate its owner. It is alleged that Shri Ishwinder Singh asked the lady to deliver the dog to a friend of his. An FIR was registered on 11.3.2003. During the investigation, statements of Shri Ishwinder Singh and Tarlochan Singh, President of Chandigarh Kennel Club were recorded and ultimately an untraced report was filed. An award of Rs. 5,000 and Rs. 6,000 were announced in the newspaper, the Tribune, who could locate the bitch and hand over the same to the rightful owner. The complainant claimed Rs. 98,876 in their complaint before the District Forum.

(3.) THIS was contested by Chandigarh Kennel Club. Shri Ishwinder Singh was only a volunteer to help the organizers of the dog show and was not appointed as steward (outer -ring). The opposite parties pleaded that there was negligence by Sudhir Sharma due to which they lost their bitch Chiny, as it was alleged that a professional handler who was full conversant with the rules and regulations. They even assisted the complainant in getting an FIR registered and fully cooperated in the investigation.