19......24.01.2022...
Today is fixed for delivery of judgment/final order.
Final order containing five pages is ready. It is sealed, signed and delivered in open Forum/Commission.
It is ordered that,
ORDERED
That the complaint case be and same is hereby allowed as ex-parte against the Opposite party with a cost of Rs. 7,000=00(Rs. seven thousand) only.
The Opposite party is directed to pay Rs. 30,000=00 [Rs. thirty thousand] only for damaging, losing, breaking into pieces and missing etc. The domestic articles booked by Priyanka Chatterjee with 6% p.a. simple interest since the date of filing of this instant case i.e. 18/09/2020 to the realization and within 60 days from the date of issuing this order.
The Opposite party is also directed to pay compensation amount Rs. 15,000=00(Rs. Fifteen thousand) only within 60 days from the date of issuing this order; otherwise, compensation and costing amount will bear 6% p.a. simple interest from the date of issuing this order till to the date of realization and after 60 days, Priyanka Chatterjee is at liberty to execute this award through the machinery of this Ld. Commission.
Let copies of the final order be supplied to all the parties concerned in either speed post/registered post free of cost as per rules.
The Final order also be made available in www.confonet.nic.in.
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
SOUTH 24-PARGANAS
AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 144
C.C.NO. 57 OF 2020
DATE OF FILING DATE OF ADMISSION DATE OF FINAL ORDER
18.09.2020 03.11.2020 24.01.2022
Present : President : Sri Asish Kumar Senapati
Member : Sri Jagadish Chandra Barman
Member : Smt. Sangita Pal
Name of the authorized Complainant:
Ashim Chatterjee, S/O Late Adhir Kr. Chatterjee.
Residing at Flat no. C/102 May Fair Eternity Complex, 256 N.S. Road Atlas More, P.O.- Malancha Mahianagar, P.S.- Sonarpur, Dist. – 24 Parganas(South), Kolkata- 700145, West Bengal, India.
Complainant is authorized by his daughter –
Priyanka Chatterjee, Flat No. – 1202, Avatar Residential Complex, Block No. – 1 at M263-267 Narasing Rajendra Nagar (Puppalguda) Ranga Reddy, Dist. – Hyderabad, Telengana-500075, India.
Versus
O.P/O.Ps : 1] Mr. Dayananda Agarwal
[Owner-cum-Chairman]
DRS DILIP ROAD LINES LTD.
[Brand of Agarwal packers and movers]
306,3rd floor, Kabra Complex,
61 M.G. Road
Secunderabad
Telengana State -500003
India
Sri Jagadish Chandra Barman, Member
The facts leading to the filing of the instant case by the authorised
complainant may be summarised as follows: -
This is a complaint case under Section 35 of the Consumer Protection Act 2019.This complaint case was filed by the authorised complainant Mr. Ashim Chatterjee on 18/9/2020 on the basis of authorization letter issued by her daughter Priyanka Chatterjee.
Priyanka Chatterjee booked 30 domestic articles on 30th May 2020 from the address of Hyderabad mentioned above as consignor for transportation to Flat no-C/102, May Fair Eternity Complex, 256, N. S. Road, Atlas More, P.O.-Malancha Mahinagar, P.S.- Sonarpur. Dist.- 24 Parganas South, Kolkata-700145. West Bengal, India. Her booking bill no is - vide no-4699420, G C No- 4706407 under insurance arrangement of sum assured of Rs. 1,00,000=00 only and she paid Rs. 36,000=00 only as transportation charge of her domestic articles from Hyderabad to Kolkata. The domestic goods were received on 7th July 2020. As per the statement Smt. Priyanka Chatterjee was convinced/assured to deliver the materials at Kolkata within 7-8 days. But she had received the goods as consignee after 38 days. Whenever she received, she found some articles are damaged, some costly saris & clothes are spoiled and spotted, some electronic items are missed, some cartoon boxes are totally open, many precious show pieces and glasses are broken into pieces.
As per statement of the authorized complainant, the damages are made due to use of thin paper pegboards, thin plastic rope, etc. for packaging and tiding; and packaging is done without taking enough safety measures. As per statement, the authorized complainant has considered highly disorder way of placement of materials in the heavily loaded truck and improper packaging as the reasons of damages, braking into pieces etc. of her daughter’s goods. There were many scoters and bikes in the truck with goods. Hence, the O.P. is solely responsible for loss, damages of articles, mental agony and harassment of the complainant’s daughter/authorized complainant.
Enclosure documents support that authorized complainant communicated on Wednesday, 08th July 2020 with the Head of Claims, Customer care, DRS DILIP Road Lines Ltd. for reimbursement of claim of Rs. 1, 00,000=00 only for damaged goods like big central table prepared by tik /sisan wood, broken into pieces goods like fancy water glass, glass beaker, tea set, costly show pieces brought from foreign countries, flower vase etc. missing goods like pillow cover, dinner set, two pieces of router, remote control, one new T. V. fire stick. But the opposite party pay any attention. Even the local office of the Company , located at Batayan Building , P-191, Lake Town Block –B, Kolkata—700089 did not pay any heed upon the loss, mental agony, harassment of the authorized complainant. Local office had always tried not to involve the matter.
Therefore, the complainant[s] submitted this instant C. Case before this District Consumer Disputes Redressal Commission, South 24 Parganas on 18/9/2020 and this complaint case was admitted in this Ld. Commission on 03/11/2020 after admission hearing and perusal of submitted documents.
Accordingly, show cause notice was also served on 10/11/2020 to the O.P. and as per postal truck report, the show cause notice was properly served to the O.P. on 16/11/2020.
In the prayer portion, he/she complainant prays to issue –
A] Direction upon the O.P. to pay a sum of Rs.10, 000=00 only as litigation charge;
B] Direction upon the O. P. to pay Rs. 15,000=00 only as compensation for mental agony, harassment etc. for deficiency of service and unfair trade practice;
C] Direction upon the O.P. to pay amount Rs. 55,000=00 only for damages, missing, breaking into pieces her daughter’s booked articles ; and
D] Direction upon the O.P. to issue any other order as the Learned Commission may deem fit.
Though the Opposite Party received the show cause notice issued by this Ld. Commission on 16/11/2020, yet the O.P. did not submit the written version before this learned Commission and the O.P. did not appear before this Ld. Commission on any date to state whether the complaint is true/partly true/ false in any aspect. Hence, this instant case was declared as Ex-parte on 18/12/2020 for absence. So the complaint petition is remained unchallenged.
Upon the averments mentioned above, the following points are formulated:-
POINTS FOR DETERMINATION
1]. Is the authorised complainant/Piyanka Chatterjee a consumer?
2] Is the O. P. guilty of deficiency of services and unfair trade practice as alleged by the authorised complainant?
3] Is the authorised complainant/her daughter entitled to get relief /relieves as prayed for?
EVIDENCE OF THE COMPLAINANT
The authorised complainant personally files evidences on 28/01/2021 before this District Consumer Disputes Redressal Commission and it was accepted by this office.
DECISIONS WITH REASONS.
Point Nos. 1, 2, & 3:
Priyanka Chatterjee has booked her thirty domestic articles on 30th May 2020 with the opposite party Mr. Dayananda Agarwal [Owner cum Chairman], DRS DILIP ROAD LINES LTD. [Brand of Agarwal packers and movers], 306,3rd floor, Kabra Complex , 61 M.G. Road, Secunderabad , Telengana State -500003, India. Opposite Party has also issued money receipt in favour of the consignor Priyanka Chattrjee vide bill no-4699420, G C No- 4706407 under insurance arrangement of sum assured of Rs. 1,00,000=00 only and Priyanka Chatterjee paid Rs. 36,000=00 only as transportation charge for her domestic articles from Hyderabad to Kolkata.
Priyanka Chatterjee has authorized her father Mr. Ashim Chatterjee to take all necessary steps to file a case in the Court of Law, Consumer Court, or any other Court for the reimbursement of compensation towards unfair trade practice, gross deficiency of service, negligence of improper packaging and placing of transportation of her valued house hold martials shifting from Hyderabad to Kolkata for huge delaying, damaging, breaking & loss of materials by DLS DILIP ROAD LINES LTD., Hyderabad . She has also attested her fathers signature. The consignor has also clearly mentioned in her authorization letter to credit any amount, if issue any order in favour of her, in his fathers account only.
Therefore, it is transparent to us that Priyanka Chatterjee, hence the authorised complainant both are consumer under Section 2 (7) of the Consumer Protection Act 2019.
The domestic goods were received on 7th July 2020. As per the statement Priyanka Chatterjee was convinced/assured to deliver the materials at Kolkata within 7-8 days. But she had received the goods as consignee after 38 days. Whenever she received, she found some articles are damaged, some costly saris & clothes are spoiled and spotted, some electronic items are missed, some cartoon boxes are totally open, many precious show pieces and glasses are broken into pieces.
The authorized complainant thereafter communicated on Wednesday, 08th July 2020 with the Head of Claims, Customer care, DRS DILIP Road Lines Ltd. for reimbursement of claim of Rs. 1, 00,000=00 only for damaged goods like big central table prepared by tik /sisan wood, broken into pieces goods like fancy water glass, glass beaker, tea set, costly show pieces brought from foreign countries, flower vase etc. missing goods like pillow cover, dinner set, two pieces of router, remote control, one new T. V. fire stick, one cartoon totally torn etc. But the opposite party did not pay any heed upon the anxiety, mental agony and harassment of the co-signor/authorized complainant. Even the local office of the Company, located at Batayan Building, P-191, Lake Town Block –B, Kolkata—700089 did not pay any heed upon the matter. Local office always tried not to involve the matter.
This type of harassment, negligence to perform duty in time and irresponsible attitude on behalf of the O.P. to the consignor/authorised complainant tantamount to deficiency in service under section 2/11 and unfair trade practice under section 2/47 of the Consumer Protection Act 2019.
So, we are of the opinion that the authorised complainant is entitled to get back her daughter’s claim for the damage, lost, breaking into pieces and missed goods amount Rs. 30,000=00 only including @Rs. 6% simple interest since the date of submission of this instant case i.e., 18/9/2020till to the date of realization from the opposite party.
Hence, the opposite party is liable to be penalized Rs. 7,000/- only as costing, Rs. 15,000/- only as compensation amount for deficiency of service under section 2[11] and unfair trade practice under section 2[47] occurred on behalf of all opposite party.
In the long run, the complaint case is succeeded.
Hence, it is
ORDERED
That the complaint case be and the same is hereby allowed as ex-party against the opposite party with a cost of Rs. 7,000=00 (Rs seven thousand) only.
The opposite party is directed to pay Rs. 30,000=00 [ Rs. Thirty thousand] only for damaging, losing, breaking into pieces and missing etc. the domestic articles booked by Priyanka Chatterjee with 6% p.a. simple interest since the date of filing of this instant case i.e., 18/9/2020 to the realization and within 60 days from the date of issuing this order.
The opposite party is also directed to pay compensation amount Rs. 15,000=00 ( Rs. fifteen thousand) only within 60 days from the date of issuing this order; otherwise, compensation and costing amount will bear 6 % p.a. simple interest from the date of issuing this order till to the date of realization and after 60 days, Priyanka Chatterjee is at liberty to execute this award through the machinery of this Ld. Commission.
Let copies of the order be supplied to all the parties concerned in either speed post /registered post free of cost as per rule.
The final order be also available in www.confonet.nic.in .
Dictated and Corrected by me.
[Jagadish Chandra Barman]
