BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION.
KAMRUP
C.C.No.50/2020
Present: I) Shri A.F.A.Bora, M.Sc.,L.L.B.,A.J.S(Rtd.) -President
II) Smti Archana Deka Lahkar,B.Sc.,L.L.B. -Member
III) Shri Tutumoni Deva Goswami, B.A.L.L.B. - Member
Sri B.M.Pandey -Complainant
Age: 37 years
S/O Late N.Pandey
G.S.Road, Kar Bhawan,
Guwahati, Assam
-vs-
1) Agarwal packers and Movers Ltd.(APML), - Opposite party
Jatin Tamuly Complex, 2nd floor,
Vill.Gorolia, Sarusajai, Mouza Beltola
Near National Games Stadium, P.O. Sawuchi, Basistha
Dist. Kamrup- 781034
Appearance:
For the complainant, petitioner in person. .
None appeared for the opp.party
Date of written argument:- 17.6.2022
Date of oral argument : 28.7.2022
Date of judgment: - 16.8.2022
JUDGMENT
1) This is a complaint filed by one Sri B.M.Pandey , G.S.Road, Guwahati against Agarwal packers and Movers Ltd.(APML), Jatin Tamuly Complex, 2nd floor,Vill.Gorolia, Sarusajai, Mouza Beltola Near National Games Stadium, P.O. Sawuchi, Basistha ,Dist. Kamrup- 781034. The case was admitted on 13.10.2020. The opp.party did not submit written statement and on 9.3.2021 as order was passed by this commission for exparte hearing against the opp.party. Accordingly, the complainant filed evidence and written argument and on 17.6.2022 complainant himself submitted his argument and today is fixed for delivery of judgment.
2) The brief fact of the complainant is that for transportation of household goods and a two wheeler from Trivandrum , Kerala to Silchar Assam on 11.9.2020 the complainant paid an amount of Rs. 80,000/- out of Rs.1,34,000/- (Rupees one lakh thirty four thousand) only to the opp.party. On 16.9.2020 while the complainant was on the way to Silchar from Trivandrum , he received a call from the opp.party that goods in question have reached Kolkata and held up there , and same will not be moved unless full amount is done. The complainant contacted the op.party and requested to send the goods immediately as he had no proper required items for use at his Silchar residence .
3) The complainant alleges that he had requested to unload one of the items at Barpeta road, Assam , but they did not do so and instead moved all items to their godown at Guwahati . On 22.9.2020 the op.party from Guwahati informed that goods are lying in the godown and will not be sent unless full payment is done, in addition the opp.party will charge for keeping the goods at their godown. The complainant prays for a direction directing the opp.party to pay Rs.2,00,000/- compensation for mental agony and physical harassment suffered by the complainant along with Rs.50,000/- as cost of the proceeding and any other relief the complainant is entitled for .
4) The complainant filed his evidence on affidavit by exhibiting the following documents,
(I) Ext.1 is his address proof,
(II) Ext.2 is the quotation dtd. 5.9.2020 issued by Agarwal Packers & Movers Ltd. ,
(III) Ext.3 is the goods consignment note dated 9.9.2020 issued by Agarwal Packers & Movers Ltd. ,
(IV) Ext.4 is the tax invoice 11.9..2020 issued by Agarwal Packers & Movers Ltd. ,
(V) Ext.5 is the money receipt dtd. 11.9.2020 issued by Agarwal Packers & Movers Ltd. ,
(VI) Ext.6 is the money receipt dtd. 11.9.2020 issued by Agarwal Packers & Movers Ltd. ,
(VII) Ext.7 is the inventory sheet dated 11.9.2020 issued by Agarwal Packers & Movers Ltd. ,
(VIII) Ext.8 is the bill of supply dtd. 11.9.2020 issued by Agarwal Packers & Movers Ltd. ,
(IX) Ext.9 is the copy of the online complaint dtd. 21.9.2020,
(X) Ext.10 is the copy of the e.mail response dtd. 22.9.2020 from Agarwal Packers & Movers Ltd.
5) We have perused all the documents along with the petition no. 72/22 dtd. 21.1.2022 filed by the complainant and found that opp.party had delivered the consignment at Guwahati on the night of 19.11.2021 and balance payment amount of Rs.58,268/- was paid through online payment on 20.11.2021. As the booking was done for delivery to Silchar , but consignment was delivered at Guwahati , the opp.party has refunded Rs.28,000/- on 27.12.2021. The complainant alleges that the goods delivered are found damaged . When the complainant consulted the authorized dealer for inspection a quotation was provided to the complainant for expenses to be incurred for repairing the refrigerator , two wheeler and inverter. The complainant submits along with the petition 3 no.s of quotation from (a) Royal Enfield (b)LG and (c) Luminous.
6) Now from record it is found that the complainant booked his consignment on 11.9.2020 by paying an advance amount of Rs.80,000/- for transportation from Trivandrum Kerala to Silchar , Assam . But the complainant received the said consignment on 9.11.2021 at Guwahati , although it was supposed to be delivered at Silchar, Assam. The complainant for receiving the items at Guwahati paid an amount of Rs.58,268/- to the opp.party.. It is also found that the opp.party has refunded an amount of Rs. 28,000/- on 27.11.2021 to the complainant as the goods in question were delivered at Guwahati, Assam instead of Silchar , Assam.
7) The opp.party delivered the household items of the complainant on 19.11.2021 i.e. after 14 months from the date of booking i.e. 11.9.2020 in a damaged condition. The opp.party delivered the goods at Guwahati, Assam instead of Silchar , Assam.
8) Due to the act of opp.party the complainant suffered a lot for a period of 1 year 2 months . This is a clear case of deficiency in service committed by the opp.party to the complainant by not delivering his household items at Silchar, Assam, although the complainant booked his household items with the opp.party from Trivandrum, Kerala to Silchar, Assam .
9) The complainant established his case against the negligent Act of the opp.party for which complainant is entitled for compensation for mental agony and physical harassment as well as for loss and damage to the property of the complainant caused owing to negligent Act of the opp.pary.
10) We have gone through the record and found that it is really a very pathetic situation with a person who booked his essential belongings with the opp.party for transportation in the month of September/2020 and received it after a long period of more than 1 year at the destination other than that when it was booked for delivery at Guwahati, Assam, but surprisingly after filing this case the complainant received back the goods after making another payment of Rs.58,268/- that too not at Silchar, only at Guwahati, Assam. This act of the opp.party itself found unjustified and unfair trade practice for gaining money for the business of transportation of goods without giving the valued items to the complainant for a long period of time beyond the actual transportation time of the goods from Trivandrum to Silchar, Assam.
11) Under the above circumstances, we are of the view that expenditure incurred and the damage cause to the property of the complainant is amounting to Rs.75,000/- as claimed by the complainant for repairing of belongings damaged owing to non-delivery of the goods in time . The claimant orally submits that he had to incur Rs.75,000/- for repairing of his articles owing to the damage caused during the period of such detention of goods.
12) In the above circumstances, we are of the view that the complainant have received back the goods only after filing this case and opp.party compelled the complainant to make the full payment at Guwahati before delivering the articles at Silchar which is also an act of inconsistent with normal transportation agreement or commitment made by the packer and movers i.e. the op.party and is a clear case of deficiency in service committed by opp.party.
ORDER
Hence, opp.party is directed to make a payment of Rs.2,00,000/- as compensation as claimed by the complainant for the aforesaid act and to pay the cost of proceeding amounting to Rs.50,000/-. The total decretal amount is to be paid within 45 days from the date of judgment failing which the op.party have to pay an interest @12% from the date of judgment till realization .
Given under our hand and seal of the District Commission, Kamrup, this the 16th day of August /2022.
( Smti Archana Deka Lahkar ) (Shri Tutumoni Deva Goswami) (Shri A.F.A.Bora )
Member Member President
Dictated and corrected by me
( Shri A.F.A.Bora )
President,
District Consumer Commission, Kamrup.
Typed by me
(Smt Juna Borah )
Stenographer,
District Consumer Commission, Kamrup.
