Mumbai: Consumer forum directs transport company to pay value of goods it did not deliver

Mumbai: A district consumer commission has directed a transport company to pay the value of goods that it failed to deliver to the consignee. The transport company was to deliver copper wire worth Rs 80,590, which it failed for nearly two months.

The commission also directed the transport company to pay Rs 25,000 towards mental agony and litigation cost to the complainant.

The order was passed by Sneha Mhatre, president and D S Paradkar, member, of District Consumer Disputes Redressal Commission, South Mumbai on a complaint by Pankaj Modi against Bombay Vasai Transport Company and A C Khan, its proprietor.

Modi, Proprietor of M/s Modi Electricals, supplies electrical goods to customers in Maharashtra and Gujarat. He had sought services of the transport company to supply copper wire weighing 122.738 kgs from a depot to one M/s Viraj Profiles Ltd. The booking for transportation was done in March 2011 and Rs 300 paid for it. However, Viraj never received the goods and when Modi followed up with the transport company, the company gave some or the other reasons but could not deliver the consignment. 

When the transport company failed to deliver the goods till January 2013, Modi sent a legal notice. It was contended before the commission that time was sought to settle the dispute which also led to wastage of time.

The transport company at the consumer forum sought rejection of the complaint on the argument that the complaint is not a consumer. However, the Commission stated that the transport company did not produce any contradictory evidence to prove that the complainant was doing the business on a larger scale and was not doing it for earning livelihood and that the transportcompany has not denied getting service charge of Rs 300 for the same.

The commission also observed that there was not a word to counter that the company did not deliver the goods or denied taking money for transportation. Stating that there was deficiency in service by the transport company, it directed that the value of wires be given with interest and other compensation.