Decided on September 05,2014

Green Carriers And Contractors (Delhi) Pvt Ltd Appellant
Fmi Limited Respondents


J.S.KLAR,PRESIDING JUDICIAL MEMBER - (1.) THE appellant (opposite party in the complaint) has filed this appeal against the impugned order dated 29.11.2012 passed by the District Consumer Disputes Redressal Forum, Ludhiana (in short, "the District Forum"), accepting the complaint of the respondent of this appeal (complainant in the complaint) and awarding compensation, as detailed therein.
(2.) THE brief facts of the complaint are that M/s FMI Limited, G.T. Road, Doraha through Sh. Ajay Nayyar, Managing Director, complainant filed the complaint u/s 12 of the Consumer Protection Act, 1986 (in short, "the Act") against the opposite party, on the allegations that Ajay Nayyar is the Managing Director of the complainant company and he has been duly authorized by means of a resolution to file the complaint. The complainant company is a family company, consisting of shareholders. Sh. Ajay Nayyar is self employed in the said company as the Managing Director. The complainant company has been carrying on the business of measuring tapes at Ludhiana. It entrusted 53 boxes of measuring tapes, vide invoice no.211 dated 10.05.2011 of the value of Rs.3,33,311/ - for transportation from Ludhiana to Surat. The opposite party issued GR No.818799 dated 11.05.2011 for transportation of goods from Ludhiana to Surat, assuring the complainant to do the needful. The above referred goods were entrusted to the opposite party on the clear understanding to deliver the same at the destination at Surat. The opposite party has been utterly negligent in handling the goods and delivering the consignment at the destination. The complainant suffered loss of Rs.3,33,311/ - due to above negligent act of the opposite party. The legal notice dated 02.06.2011 was sent to the opposite party. The complainant has, thus, prayed that the opposite party be directed to pay Rs.3,33,311/ - to the complainant towards the loss of the goods, besides payment of compensation of Rs.1 lac for mental harassment.
(3.) UPON notice, opposite party appeared and filed written reply, taking preliminary objections that the complaint is false and frivolous. The truck of the opposite party caught fire and the goods loaded in the truck were destroyed, but unfortunately the goods of the complainant were saved with great efforts of the opposite party and they have been lying at the godown of the opposite party. Intimation was sent to the complainant to receive the goods, vide letter dated 16.05.2011, but the complainant failed to receive them. The opposite party contested the complaint on merits, averring that Ajay Nayyar is not self employed in the said company. It was specifically averred that the goods were transported by the complainant for commercial purposes, in as much as, the complainant is not a consumer. It was vehemently denied that the complainant company is family company, consisting of family members as shareholders. The opposite party controverted the other averments of the complainant with regard to its entitlement to any compensation and, thus, prayed for dismissal of the complaint. The complainant tendered in evidence affidavit of Ajay Nayyar Ex.CW -1/A along with documents Ex.C -1 to Ex.C -13. As against it, the opposite party tendered affidavit of Shiv Kumar Sharma, its Manager Ex.R -1/A and closed the evidence. On conclusion of evidence and arguments, the District Forum accepted the complaint of the complainant and directing the opposite party to pay Rs.3,33,311/ - qua the costs of goods within 45 days of receipt of copy of order, failing which, the opposite party was liable to pay interest @ 9% p.a. from the date of filing the complaint till actual payment and to pay Rs.20,000/ - as compensation and Rs.3,000/ - as litigation expenses. Aggrieved by the impugned order, the opposite party has come up in this appeal.;

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