THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION ERNAKULAM
Dated this the 30th day of November 2022
Filed on: 19.10.2016
PRESENT
Shri.D.B.Binu President
Shri.V.Ramachandran Member
Smt. Sreevidhia T.N. Member
C.C. N No. 584 of 2016
COMPLAINANT
A.P. Ashok, S/o. A.P. Nair, residing at Kallash, West Athikapilly House, House No: 13/95, Azhakam P.O., Mookanoore, Kerala-683 577
(By Adv.Paulson C.Varghese, 37/2690, Ponoth Road, Kaloor P.O., Kochi-17)
Vs.
OPPOSITE PARTY
Pradeep P.John, General Manager, M/s. Agarwal Packers and Movers Ltd.#396 Sambattukavu, Choornikara, Thaikkattukara, Aluva, Cochin.
(O.p rep. by Adv.R.Padmaraj, M/s.KNB Nair Associates, Morning Star Building, Kacheripady, Ernakulam, Cochin-682 018)
FINAL O R D E R
D.B.Binu, President.
1) A brief statement of facts of this complaint is as stated below:
The complaint was filed under section 12 of the Consumer Protection Act, 1986. The Complainant had entrusted the Opposite party, with the contract of transport of household items from Hyderabad to the residence at Azhakam. In view of the terms of the contract, goods shall be delivered at the doorsteps of the consignee at the cost and expenses of the opposite party, M/s.Agarwal Packers and Movers Ltd. violating the terms and conditions agreed upon, the opposite party not only failed to deliver the goods at the complainant's door but also the goods were irresponsibly and negligently thrown out on the main road causing severe inconvenience and damages to the complainant's household articles. The Complainant had clearly explained the fact that a big vehicle will not be able to enter the premises of the residence of the Complainant and that the goods need to be transported in a small vehicle so as to enter the premises of the residence of the Complainant which was agreed by the Opposite party. Without considering the facts the opposite party unloaded the goods on the main road, which is quite far off from the destination where the goods are liable to be delivered by the Opposite party. The refusal on the part of the Opposite party not delivering the goods at the residence of the Complainant is a violation of the terms of the contract entered into between this Complainant and the Opposite party. In addition to, this the Complainant was shocked to see that almost all the articles including two sofas set worth Rs.13,000/- which were delivered on the main road were in a severely damaged condition and were beyond repair. The Complainant had given, a written Complaint to the Opposite party with regard to the hardship caused and the damages incurred by this Complainant with regard to the transportation, but the opposite party has not taken any steps till this date to Compensate the Complainant for the loss occurred to him. There is gross negligence and deficiency in rendering service on the part of the opposite party. The complainant has suffered mental agony and loss due to the said act of the opposite party.
The complainant approached the commission seeking an order directing the opposite parties to pay an amount of Rs.13,000/- towards the damage to two sofa sets and also pay Rs. 13,700/- towards the loading and unloading expenses of goods from the main road to the complainant's residence, Rs.25,000/-as compensation for the mental agony and hardships caused to the complainant and the cost of these proceedings.
2) Notice
Notice was issued from the Commission to the opposite party and the opposite party received the notice, did not appear before the commission despite receiving the notice, and did not file their version. Hence the opposite party set ex-parte.
3) . Evidence
The complainant had produced 8 documents marked as Exhibit A1 and Exhibit A8. The complainant was examined as PW1.
Exhibit A1 series: Original photos of the furniture in damaged condition (6 Nos.) .
Exhibit A2 series.: True copy of the Goods Consignment Note No. HYD 008871 and HYD 008872 both dated 20.12.2014 containing paid bill / Invoice copy No.BL/HYD/2014/ 402586, particulars of goods, vale of goods, Certificate (10 Nos).
Exhibit A-3: True copy of receipt pertaining to unloading charges. -
Exhibit A4 series True copy of the letter dated 21/01/2015 sent by the complainant to the opposite party along with the copy of the postal receipt (2 Nos).
Exhibit A-5: True copy of the letter dated 28/04/2015 sent by the complainant to the opposite party.
Exhibit A-6: True copy of the letter dated 31/03/2016 sent by the complainant to the opposite party.
Exhibit A-7: True copies of acknowledgement cards pertaining to letters dated 28/04/2015 and 31/03/2016.
Exhibit A-8: True copy of E-mail dated 06/10/2016 sent by the complainant to the opposite party.
4) The main points to be analysed in this case are as follows:
i) Whether the complaint is maintainable or not?
ii) Whether there is any deficiency in service or unfair trade practice from the side of the opposite party to the complainant?
iii) If so, whether the complainant is entitled to get any relief from the side of the opposite party?
iv) Costs of the proceedings if any?
5) The issues mentioned above are considered together and are answered as follows:
The above Complaint is filed with regard to the non-Settlement of the Claim for damages caused during transporting of Household items.
The complainant is a consumer as defined under the Consumer Protection Act, 1986. Hence, the complaint is maintainable as per the Consumer Protection Act, of 1986. (Point No. I).
The Complainant submitted that the refusal on the part of the Opposite party not delivering the goods at the residence of the Complainant is a violation of the terms of the contract entered into between this Complainant and the Opposite party. In addition to, this the Complainant was shocked to see that almost all the articles including two sofas set worth Rs.13,000/- which were delivered on the main road were in a severely damaged condition and were beyond repair. Original photos of the furniture in damaged condition (6 Nos.) (Exhibit A1 series),
In view of the terms of the contract, goods shall be delivered at the doorsteps of the consignee at the cost and expenses of the opposite party violating the terms and conditions agreed upon, the opposite party not only failed to deliver the goods at the complainant's door but also the goods were irresponsibly and negligently thrown out on the main road causing severe inconvenience and damages to the complainant's household articles. As per the terms of the contract, the Opposite party is liable to compensate the Complainant if any damage is caused to the goods during transportation. Copy of the Goods Consignment Note No. HYD 008871 and HYD 008872 both dated 20.12.2014 containing paid bill/Invoice copy No.BL/HYD/2014/402586, particulars of goods, vale of goods, Certificate (10 Nos). (Exhibit A2 series). copy of receipt pertaining to unloading charges. (Exhibit A-3.)
The complainant’s claim against the opposite party remains unchallenged and the complainant is successful in proving a transaction between the complainant and the Opposite Party and that the complainant had suffered mental agony and harassment at the hands of the opposite party.
We have also noticed that Notices were issued from the Commission to the opposite party and the opposite party received the notices but did not file their version. Hence the opposite party set ex-parte. But the opposite party did not make any attempt to appear in the case and participate in the above proceedings before this Commission and did not make any attempt to set aside the ex-parte order passed against it.
The opposite parties’ counsels fail to file their written versions in spite of their having received the Commission’s notice to that effect amounts to an admission of the allegations levelled against them. The Hon’ble NC held a similar stance in its order cited 2017(4) CPR page 590 (NC).
We find the issue Nos. (II), (III) and (IV) are found in favour of the complainant for the serious deficiency in service that happened on the side of the opposite party. Naturally, the complainant had suffered a lot of inconvenience, mental agony, hardships, financial loss, etc. due to the negligence on the part of the opposite party.
It is commonly seen that people sometimes attach sentiments and memories to the household article which remains with them for a long time... there has been damage to the household goods, including the fridge and furniture. The photographs of the damaged furniture also support the case of the complainant.
In view of the above facts and circumstances of the case, we are of the opinion that the opposite party is liable to compensate the complainant.
Hence the prayer is partly allowed as follows:
I) The Opposite Party shall pay the complainant Rs.13,000/- towards the damage to two sofa sets and also pay Rs. 13,700/- towards the loading and unloading expenses of goods from the road to the complainant's residence.
II) The Opposite Party shall pay the complainant Rs.5,000/- as compensation for loss caused to the complainant due to the deficiency in service and unfair trade practice of the opposite party.
III) The Opposite Party shall also pay the complainant Rs.5,000/- towards the cost of the proceedings.
The above-mentioned directions shall be complied with by the Opposite Party within 30 days from the date of the receipt of a copy of this order. Failing which the amount ordered vide (i) and (ii) above shall attract interest @7.5% from the date of receipt of a copy of this order till the date of realization.
Dictated to the Confidential Assistant Ambily transcribed and typed by her corrected by me and pronounced in the Open Commission this 30th day of November 2022.
Sd/-
D.B.Binu, President
Sd/- V.Ramachandran, Member
Sd/-
Sreevidhia.T.N, Member
Forwarded/by Order
Assistant Registrar
APPENDIX
Exhibit A1 series: Original photos of the furniture in damaged condition (6 Nos.) .
Exhibit A2 series.: True copy of the Goods Consignment Note No. HYD 008871 and HYD 008872 both dated 20.12.2014 containing paid bill / Invoice copy No.BL/HYD/2014/ 402586, particulars of goods, vale of goods, Certificate (10 Nos).
Exhibit A-3: True copy of receipt pertaining to unloading charges. -
Exhibit A4 series True copy of the letter dated 21/01/2015 sent by the complainant to the opposite party along with the copy of the postal receipt (2 Nos).
Exhibit A-5: True copy of the letter dated 28/04/2015 sent by the complainant to the opposite party.
Exhibit A-6: True copy of the letter dated 31/03/2016 sent by the complainant to the opposite party.
Exhibit A-7: True copies of acknowledgement cards pertaining to letters dated 28/04/2015 and 31/03/2016.
Exhibit A-8: True copy of E-mail dated 06/10/2016 sent by the complainant to the opposite party.
Depositions
PW1 :: A.P.Ashok
C.C.No.584/2016
Order dated 30.11.2022
