The Hon. Consumer Grievance Redressal Forum

To, 17 September 2011

The Hon. Consumer Grievance Redressal Forum,

Daman,

Complaint Nos.: 04 of 1999

In the matter of:

Dynamic Plastics Corporation…………………. Complainants

Vs.

Jaipur Golden Transport Co. Ltd. ……………… Respondents

For the kind consideration of the Hon. Forum, we submit herewith our updated claim (as on date) as under:

Inv. No. / Inv. Date / Amt. (Rs.) / Due Date / Delay / Int-Cost / LegalCost / Total
Case No 4 / Days / 16% Rs. / Rs. / Rs.
/ Delay / Int-Cost / LegalCost / Total
Days / 16% Rs. / Rs. / Rs.
1144 / 24-Jan-97 / 14590 / 24-Feb-97 / 5318 / 34011.89 / 20000.00 / 68601.89

Solemnly submitted by on behalf of the complainant by

------

(C.B.Sharma)

Partner
To, 8 November 2011

The Hon. Consumer Grievance Redressal Forum,

Daman,

Complaint Nos.: 04 of1999

In the matter of:

Dynamic Plastics Corporation…………………. Complainants

Vs.

Jaipur Golden Transport Co. Ltd. ……………… Respondents

We submit herewith in reply to your order dated 18-1-2010 as under:

1.  The point was limitation was addressed and replied by us vide our submissions dated 7-11-2001& 5-12-2001 and again on 11-3-2009.

2.  The cause of action arose in 25-7-1998 as mentioned in our submission dated 8-11-2000

3.  We had been enquiring at the Daman office of the OP for arrival of the consignment after our submission of the consignee copy of the LR to the OP vide our letter dated 28-9-1997. We were always told to await receipt of the reply from their head office. We submitted a reminder on 19-11-1997,

4.  On 25-7-1998, we received a reply that the goods were delivered to the consignee even without producing the consignee copy of the LR since the LR was in the name of the consignee.

5.  The consignee copy of LR is a negotiable instrument. If the goods were delivered without submission of the same, it was done by the OP in violation of the rules. We were not asked whether the consignee copy was sent to the consignee by us. We are till date not aware whether the consignee was required to get a duplicate copy of LR or submit any legal undertaking viz. declaration/affidavit/Indemnity was taken from the consignee before delivering the goods.

6.  Hence it is evident that the goods were delivered in violation of the proper procedure fraudulently keeping us in the dark. Since the consignment was delivered without the consignee copy, we are entitled to get reimbursed for loss of suffered by us on account of the wrong action of the OP.

Solemnly submitted by on behalf of the complainant by

(Shisram Yadav),

Authorised representative


18 December 2010

To,

The Hon. Consumer Grievance Redressal Forum,

Daman,

Complaint Nos.: 02 & 04 of 2000

In the matter of:

Dynamic Plastics Corporation…………………. Complainants

Vs.

Jaipur Golden Transport Co. Ltd. ……………… Respondents

Further to our submissions dated 26-10-2010, we hereby submit the following points:

1.  We had been submitting the affidavits and declaration as called upon by the Hon. Forum. In the last hearing, it was the O.P. and not the forum that wanted our affidavits as not being on order. It is our very humble prayer to you that the wrong objection by the O.P. is set aside and the complaint is decided by you on the merits.

2.  If any direction is given by you in this respect, we shall certainly comply.

3.  It may also be kept in view that on your directions, we had been exploring all the avenues to amicably settle the claim mutually. The O.P. had been always adamant and offering unreasonable consideration as settlement amount.

4.  Your Honor had appointed Shri Rakshe, the advocate of the O.P. as the mediator to work out a fair amount of settlement. His recommendations were also rejected by the O.P.

5.  Hence it is more than evident that the O.P. had been unreasonably delaying the case. This had been taken into cognizance by Your Honor and fines were imposed more than once on the O.P., for its delaying tactics.

6.  We have been representing our case in person as per the rules.

We again pray that the complaint be decided without any further delay.

Solemnly submitted by on behalf of the complainant by

------

(Shisram Yadav),

Authorised representative


26 October 2010

To,

The Hon. Consumer Grievance Redressal Forum,

Daman,

Complaint Nos.: 02 & 04 of 2000

In the matter of:

Dynamic Plastics Corporation…………………. Complainants

Vs.

Jaipur Golden Transport Co. Ltd. ……………… Respondents

We hereby submit the following points made by us before the forum during the hearing today:

1.  We have been appearing before the forum in person instead of an advocate.

2.  The affidavits required required to be submitted by us were already submitted on 1st March 2009 to forum on 13-3-2009 as acknowledged by the form on the corresponding dates. Today the OP has contended before you that the same were not in the prescribed format and rules. Very humbly we submit in reply that we have followed the directions given by you, submitting the same in four sets. At no time any deficiency therein was communicated to us.

3.  Thereafter the OP was called upon by you to present/submit their arguments repeatedly, which they failed to do. Instead the submissions and objections raised earlier were resubmitted. This was brought to your kind attention vide our submission dated 18 January 2010.

4.  Even now if you direct any rectification/compliance/submission, we shall do so on knowing.

5.  We have noted that the order will be passed by you now. We are confident that in view of submissions made by us till date will be totally considered before passing the order.

All the aforesaid has been submitted orally by us during the hearing and this submission is being made by us as a matter of record.

Solemnly submitted by------

(Shisram Yadav)
18 January 2010

To,

The Hon. Consumer Grievance Redressal Forum,

Daman,

Complaint Nos.: 02 & 04 of 2000

In the matter of:

Dynamic Plastics Corporation…………………. Complainants

Vs.

Jaipur Golden Transport Co. Ltd. ……………… Respondents

May we be permitted to submit to the Hon. forum after perusal of the copy (unsigned and unsupported by enclosures) of the reply by the respondents received on 21-12-2009 with solemn affirmation as under:

6.  This is the third time that the respondents have submitted their reply without any point newer that what were mentioned in their replies in 2000-2001. We submitted reply to the same on 06-8-2001, 31-8-2001, and 5-12-2001. This appears to be done only to confuse the issue and waste the precious time of the forum.

7.  We had offered ourselves always to the forum for cross-examination by the learned counsel of the respondents. Now, we believe, there remains nothing more and new to be brought out in the subject cases.

8.  However once again we made fresh submissions vide our Affidavits dated 1st March 2009 to forum on 13-3-2009.

9.  The latest notice by the respondents contends that the complaints need dismissal on the ground that their services were availed for commercial purpose. May they be enlightened that we are not in any business of transportation of goods. We pay for the services availed and do not generate any profit on the same. Hence are within our rights to approach the Hon. forum for redressal of our grievances.

10.  Their contention that the reply by them to our legal notice was returned undelivered to them is without any exhibit. Further we submit that since then, we had been inviting and meeting their managers to amicably resolve the complaints. Had they still intended to serve it, they could have delivered to us a copy thereof.

11.  The respondents had even turned down the offer worked out by their own advocate to arbitrate in the cases. (Ref. our sunmission dated 11-9-2007 to the forum).

We, pray that at the earliest the orders be issued for payment of the claim amounts along with the costs. The respondents may not be allowed to delay the proceedings through their intent of getting away with their wrong acts any longer.

Solemnly submitted by------

(Shisram Yadav)


12th March 2009 Ref: Case No.4 of 2001

To,

The Honourable President,

Consumer Grievance Redressal Forum,

Moti Daman

Affidavit

I, Shishram Yadav, Manager, Dynamic Plastics Corporation, the complainant do hereby solemnly declare on oath that the submissions made before you in respect of the case till date including the facts presented vide our submission dated 16th Sep. 05, on Rs 50 stamp paper are true and factual. Further in reply to your show cause notice Ref SC/CSD/F.A.NO OF 2009/5489 dated 24.2.09 received by us on 6-3-09

We state that our rejoinder to the reply by the O.P., dated 31-1-07 was submitted to you on 22-2-07 as per the acknowledgement received on our copy. There after the O.P. has been trying to prolong the case by asking for adjournments on flimsy grounds. We also enclose the copies of the following letters for your kind attention:

A)  Letter dated 7-11-2001

B)  Letter dated5-12-12-01

C) Letter dated 22-2-07

D) Letter dated 11-9-07

I state that under directions from the forum, from time to time thereafter, we have offered ourselves for arriving at a fair and reasonable settlement to the dispute. However all our efforts have been futile due to unreasonable demands and claims of the Respondents. We concluded that there is no possibility of getting any fair and reasonable offer from them and the same was conveyed to us verbally by their advocate.

We submit herewith the updated amounts of the claim (As on 1-3-2009) as under:

Inv. N4o. / Inv. Date / Amt. (Rs.) / Due Date / Delay / Int-Cost / LegalCost / Total
Case No 4
1144 / 24-feb-97 / 14590 / 24-mar-97 / 4388 / 28063.96 / 15000.00 / 57653.96

I pray to you to pass an order directing the Respondents to make the payment to us.

Solemnly declared by:______

(Shisram Yadav)


27th April 2006

To,

The Honorable Consumer Grievance Redressal Forum ,

Moti daman,

Ref: Your Letter No.DCF/CSD/04-2000/1618.Dt.9th Aug –05 M/s Dynamic Plastics Corporation

Plot no.376/2(18) Kachigam Daman. V/s

M/s Jaipur Golden Transport Co.Ltd. Shrinath Ind . Estate.Gala no.1,Daman Road,

Daman,

Sir,

Sir,

Vide our rejoinder dt. 16.9.2005 submitted to you on the 24th Nov. 2005, we had brought to your kind attention that the OP had all along violated the contractual norms and flouted business ethics. Now under one pretext or the other it has been adopting delaying tactics. We have till date not received the copy of their reply to our rejoinder. During the last hearing the excuse was given by them that the reply had not been received from their head office at Delhi and the same would be delivered to us well before the next date for hearing i.e. today as fixed by you.

We pray that the final hearing be given today and the complaint be decided on the merits. We remain very respectfully,

For Dynamic Plastics Corporation.

Manager.

Date : 16-sep-05,

To,

The Honourable Consumer Grivence.

Redressal Forum ,

Moti daman,

Ref: Your Letter No.DCF/CSD/04-2000/1618.Dt.9th Aug -05 M/s Dynamic Plastics Corporation

Plot no.376/2(18) Kachigam Daman. V/s

M/s Jaipur Golden Transport Co.Ltd. Shrinath Ind . Estate.Gala no.1,Daman Road,

Daman,

Sir,

Our.Reply.

1-On 24/2/97 ,Consignment of value Rs.14,590/= was booked to J.K. Synth ,Jhalawar vide L.R. of the opposite party(M/s Jaipur Golden Tpt).

2-We negotiated the “Consignee Copy “of L.R. through our Bank against payment by the consignee to their Bank as per our terms with the consignee/customer.

3-Since the customer failed to make the payment to the bank ,the the documents and the L.R. copy of the consignment were returned back to us by the bank.

4-We Asked the Opposite Party vide our letter dt.28/9/97enclosing the “Consignee Copy (Negotiable Intruments)” of the L.R. to rebook the consignment to us.

5- The Daman office of the opposite party kept on telling that the rebooked consignment was not received and finally wrote to their booking office vide their letter dt.3/11/97(with a copy to us) asking about status.

Continued….

Continued….

6- We sent a reminder again on 19/11/97 and thereafter came to know that the consignment was clandestinely delivered to the customer without the “Consignee Copy” of the L.R., Committing a breach /fraud . This was later confirmed by a letter from a sub-contractor of the Opposite Party, Jain Goods

Transpor Company.Vide letterdt. 25/7/98,.

Our claim :

Invoice Value Rs. 14,590/=

+ Interest @ 24% from 28/9/97 ( Date of failing ) Till date.

+ Costs.

Details of delay days from 29/09/97 to 16/09/05 total 2910 days.

Total interest @ 24% per year is for 2910 days is Rupees. 27,917/= and costs Rupees.15,000/=

So total Rupees of claim is Rs.14,590/=( Invoice Value )+27,917/=( interest )+15,000/=(costs).

Amount Rupees=14,590+27917+15000=57,507/=

( Rupees Fifty Seven Thousand Five Hundred Seven Only.)

For Dynamic Plastics Corporation

Manager.