Savani Transport Ltd. vs KALKA ROADLINES

MATTER is listed on our today''s Board in the caption of final hearing. O.Ps. have been duly served with the process of this Commission along with copies of the complaint as required under Section 13 of Consumer Protection Act, 1986. However, they have not responded to the process either by filing appearance or written statement.

MATTER was before us earlier on 14th November, 2003 and the position about the service of the process upon the O.Ps. has been recorded as under: "14.11.2003. Mr. J.P. Singh, Advocate for the complainant. None for the O.Ps. It is stated that O.P. Nos. 2 and 3 are served through Post and postal acknowledgement receipts bearing signatures of O.P. Nos. 2 and 3 evidencing the services are shown to us. However, no response either by appearance or written statement on their behalf. We, therefore, order that matter to proceed ex parte as far as O.P. Nos. 2 and 3 are concerned. As far as O.P. No. 1 is concerned, it is stated service could not be effected since process transmitted through post returned unserved. Leave is granted to the complainant to effect a fresh service upon O.P. No. 1 and for that purpose appropriate direction to be obtained from the Registrar of this Commission. Service formalities be completed within 6 weeks from today. MATTER to be placed before us for directions on 9th January, 2004. The postal acknowledgements of registered acknowledgement due as far as O.P. Nos. 2 and 3 are concerned have been filed marked as Exhibits A1 and A2. Both receipts bear acknowledgement of the respective addressees.

As far as O.P. No. 1 is concerned it is stated that as directed service has been effected. Since there is no written statement or appearance filed, matter has to be proceeded with on the basis of material as available. Few relevant facts:

THE complainants had entrusted goods upon the O.Ps. for transportation from Wadi (Nagpur) to Narol (Ahmedabad in Gujarat State). THE particulars of the transport, etc. issued by the O.Ps. have been mentioned in the complaint. THE goods entrusted were comprises cloths and such other articles to the value being Rs. 6,88,323/-. THE complainants have annexed copies of the necessary documents such as receipts and certificates, etc. in support of entrustment of the goods. However, the goods did not reach to the destination nor the same were made available by the O.Ps. to the complainants thereafter. Therefore, after correspondence, this complaint has been filed claiming a sum of Rs. 6,88,323/- being value of the goods and Rs. 49,913/- for the charges required to be paid by the complainants, aggregating claim is made to the extent of Rs. 7,38,236/-.

IN the complaint, complainants have set out the circumstances in which the goods were entrusted and documents in support of entrustment have been also referred to and copies annexed as Exhibits to the complaint. Notices served upon that O.Ps. through Advocate on 15th April, 1998 setting out the necessary facts of entrustment, loss, etc. to which there was no reply. As stated the case and claim of the complainants have remained unchallenged and uncontroverted as sets out in the complaint and briefly adverted to hereinabove because of failure on the part of the O.Ps. to file their written statements. Further, documents produced clearly proved the claim of the complainants.

THAT being so, we hold that the complainants are entitled to the claim as made in the complaint. ORDER 1. Complaint is allowed and O.Ps. are jointly and severely ordered to pay a sum of Rs. 7,38,236/- to the complainants with interest @ 6% p.a. from 15th April, 1998 till realisation. 2. O.Ps. shall also pay jointly and severally cost in the proceedings herein quantified at Rs. 5,000/- to the complainants. 3. Copies of the order to be furnished to the parties.

Complaint allowed.