BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL

FORUM AT BANGALORE URBAN

18^th DAY OF MAY 2016

               PRESENT:- SRI. P.V SINGRI                      PRESIDENT

                                SMT. M. YASHODHAMMA         MEMBER

     SMT. P.K SHANTHA                 MEMBER

                  O R D E R

SMT. M. YASHODHAMMA, MEMBER              

The complaint filed by the complainant in person against Opposite Party (herein after referred as OP) with a prayer to pay compensation of Rs.50,000/- towards damages caused to the sofa and mental agony on the allegations of deficiency in service.

2. The brief averments made in the complaint are as follows:

On 22.10.2015 complainant booked a consignment with OP for shifting two single Sofas and one double Sofa chairs from Bhubaneshwar to Bangalore.  Complainant has paid Rs.13,500/- to OP.  The said consignment was delivered at Bangalore address of the complainant on 01.11.2015.  At the time of receiving the delivery, complainant noticed that one single sofa chair was in damaged condition.  Immediately complainant raised his concern by lodging online complaint to OP.  One carpenter was sent for inspection of the damage caused on 09.11.2015.  The said carpenter assured that, he will inform to the claim department and they will take action for repair of the item.  But they did not come back, even they are not responding either through mail or over phone.  Finally complainant sent reminder letter through speed post but there was no response from OP.  Inspite of repeated requests and e-mail correspondences when OP failed to respond, complainant felt deficiency in service on the part of OP.  Under the circumstances, complainant has filed this complaint against OP for appropriate relief.

3. After registration of the complaint, notice is sent to OP.  Inspite of service of notice, OP remained absent without any sufficient reason or cause.  Hence, OP is placed ex-parte and proceeded the case for filing complainant’s affidavit evidence.

4. So as to prove his case One Mr. Smarak Mishra, who being the complainant filed his affidavit by way of evidence in support of his complaint reiterating the complaint averments and produced documents.

5. The above said assertions of the complainant have remained unchallenged.  OP neither filed version nor denied the sworn testimony of the complainant.  So under the circumstances, we have no reasons to disbelieve the sworn testimony of the complainant.

6. In support of the complaint, complainant has produced document No.1, consignment note issued by OP which shows the name of the consigner as Smruti Hota from Bhubaneshwar to Bangalore and name of the consignee as Smarak Mishra, Rajarajeshwari Nagar, Bangalore.  The items covered under the said consignment are two single sofa chairs and one double sofa chair.  Document No.2 is e-mail correspondence made by the complainant to OP dated 03.11.2015, 05.11.2015 and 19.11.2015.

7. On perusal of oral and documentary evidence produced by the complainant, it is crystal clear that, the complainant’s sister-in-law has entrusted the work of transporting brand new two single sofa chairs and one double sofa chair through OP from Bhubaneshwar to Bangalore on 22.10.2015 as per document No.1 consignment bill.  OP has charged Rs.13,500/- for transportation of the same.  At the time of booking, OP has assured to deliver the said consignment in good condition.  On 01.11.2015 the consignment was delivered at the address of the complainant at Bangalore.  Complainant received one of the single sofa chair in damaged condition at the time of delivery.  Complainant informed the claim department of OP, who in turn promised to repair the damages caused to the sofa set within 7 days and also directed the complainant to contact the insurance department.  One Mr.Lalith Gupta from the claim department assured the complainant to send the carpenter.  On 09.11.2015 the carpenter inspected the damaged sofa and filled up the form with details of damage and assured the complainant that he will submit the form to the respective department who will take action immediately.  Complainant waited for days, weeks and months but no one from OP side contacted the complainant.  On 03.11.2015 the complainant sent a detailed mail to the claim department of OP as per document No.2.  OP directed Mr.Lalith Gupta to address the issue with immediate effect.  On 11.01.2016 complainant sent a letter calling upon the OP to take action within 10 days failing which he will approach Consumer Forum for necessary reliefs.  Though OP called the complainant and felt pity on the matter but failed to take any action.  Hence, this complaint.

8. On perusal of the materials available on record, it is clear that, the complainant has entrusted the work of transporting the consignment consisting of two sofa sets to OP from Bhubaneshwar to Bangalore on 22.10.2015.  On receiving the consignment, complainant noticed that one of the single chair sofa was in damaged condition.  Inspite of repeated requests, telephone calls and e-mail correspondences, though OP promised to repair the damages has failed to take any action and to solve the issue.  Having received Rs.13,500/- OP has failed to deliver the sofa to the complainant in good condition.  Further OP has failed to resolve the issue by repairing the damaged sofa since 6 months.  This act of OP amounts to deficiency in service on the part of OP.  We are satisfied that the complainant proved the deficiency in service against OP.  Under the circumstances, we are of the considered view that, OP is liable to pay compensation of Rs.10,000/- to the complainant towards repair charges of sofa and towards mental agony and hardship caused to the complainant along with litigation cost of Rs.2,000/-.  Accordingly, we proceed to pass the following:

O R D E R

The complaint filed by the complainant is allowed in part.  OP is directed to pay compensation of Rs.10,000/- (Rupees Ten Thousand) towards repair charges of sofa set and towards mental agony, hardship caused to the complainant.  Further OP is directed to pay litigation cost of Rs.2,000/- to the complainant.

This order shall be complied within 30 days from the date of its communication.

Supply free copy of this order to both the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Forum on this 18^th day of May 2016)

 MEMBER                             MEMBER                  PRESIDENT

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COMPLAINT No.266/2016

Complainant                 -        SMARAK MISHRA,
         Bangalore-560 059.

                                          -vs-

Opposite Party              -        AGARWAL PACKERS &
                                                    MOVERS (DRS GROUP)
                                                    Bangalore-560 027.

Witnesses examined on behalf of the complainant dated 20.04.2016.

1. Sri.Smarak Mishra

   Witnesses examined on behalf of OP – Nil.

   Documents produced by the OP - Nil

MEMBER                           MEMBER                      PRESIDENT

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