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STATE CONSUMER DISPUTES REDRESSAL COMMISSION'
ODISHA, CUTTACK
FIRST APPEAL NO.I 3Il2OI 1
(Frorn an order dated 18.01 .2011 passed by the District
Forurt, Mayurbhanj, Baripada in Consumer Complaint
No.6912007)
1- Orissa Goods Carriage, Balasore,
Represented through its Branch Manager,
At-Januganj Golai,PO/PS/Dist- Balasore.
2-Branch Manageq Head Office,
Orissa Goods Carriage, Cuttack Branch,
At-Professor Pada, PS/PS/Di st-Cuttack.
3- Orissa Goods Carriage, Baripada Branch,
At-Ambika Sahi,PO/PS- Baripada,
Dist-Mayurbhanj
...APPellants
-Vrs.-
1- Smritikana Das @Pyne
Wo.Late Sunil Kumar Pyne
Proprietor Pyne & Pyne
At- Lalbazar, Near M.P.K.Girls High School,
PO/PS- Baripada, Dist-Mayurbhanj.
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2- Manager, Blow Plast Ltd., Cuttack.
Madhusudan Avenue, Bij upattnaik Chowk,
AtlPO/Dist-Cuttack.
... Respondents.
Counsel for the Appellants:- Sri Suvendu Ku, Ray and Sri Siva Prasad
Swain,
Counsel for the Respondents- Sri Anjan Kumar Biswal, Sri P'K'Rout,Sri
D.R.Das,
Date of Hearing- 30.08.2022
Date of Order- 02.09.2022
ORDER
Sri P.K.Prustv, Member
The case of the complainant is that the complainant
being thc authorised dealer of Aristocrat Brand luggage posesses a
showroom in the name and style as "Pyne & Pyne" at Lalbazar , Baripada
who purchased 17 cartoons of Aristocrat suitcases worth Rs. 67,550/ from
O.P No.4 and got it transported through O.P No.2 ( Orissa Goods Carriage'
cuttack Branch) to o.P .3 ( Orissa Goods carriage, Baripada Branch ) to be
collected at Baripada vide consignment bearing No. 1599 dt'20'4'2006'
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As the consignment bearing no. 1599 Dt. 20-04-2006,
corresponding to the invoice cum-delivery challan No. 236, Dl12-04-2006
not reached at its destination in time, the complainant sent a notice under
section of 10 of carrier Act 1865, which was received by all the o.Ps
except O.P No.2 but in vain.
challenging the inaction of o.Ps the complainant filed
this case praying for a direction to the O.Ps either to deliver the
consignment or to refund the value of goods worth Rs.67,660/- along with
with 18% interest & Rs. 30,000/- towards harassment & mental agony &
Rs. 2000/- towards cost.
The O.P No.L, 2&3 appeared through their counsels &
submitted written version. The O.Ps 1.,2 & 3 stated that the complainant is
not a consumer since he has not hired the services of these o.Ps and the
case is not maintainable under C.P Act since written notice u/s 10 of
Carrier Act has not been served on them stating the full particulars of the
consignment booked with invoice & related documents by registered post
within 30 days of the booking .
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o.P No.4 appeared separately through its counsels. lt admits
to have sent L7 cartoons of Aristocrat Luggage worth Rs' 67600/- vide
consignment no. 1599 to the complainant which was entrusted to O'P
No.2 (Orissa Goods Carriage, Cuttack) to be delivered to the complainant -
consignee at BariPada.
After hearing the parties, the learned forum below passed
the impugned order directing the O.P 1,2 &3 to deliver the consignment
as per the annexure 2& 3 or to refund Rs. 67660/- with t2%inlerest from
the date of consignment i.e 23-05-2006, further learned forum below also
directed to pay Rs. 15,000/- towards harassment and mental agony and Rs'
2OOO/- towards cost within 30 days from the date of receipt of the order,
failing which 18 % interest over the entire awarded money would be
charged till the date of PaYment.
Challenging the impugned order the appellant has filed this
appeal. During the course of hearing, learned counsel of appellant
submitted that in the present case even though Respondent No'1( after
reaching the said consignment at Baripada) received all goods related to
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the consignment from the appellant transporter by endorsing the register
maintained by the transporter on the relevant date but not deposled the
copies of the consignment at the
appellant transporter wrote various
deposit the said consignment copies '
end of the month, for which the
letters to th
