Tamil Nadu

North Chennai

CC/114/2023

Venkata Satya Ranganath Yenumula. - Complainant(s)

Versus

Agarwal Packers & Movers Ltd Rep by its M.D - Opp.Party(s)

Mr.N.Maheswaraiah

30 Oct 2023

ORDER

                                                          Complaint presented on :20.06.2023

                                                          Date of disposal            :30.10.2023

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

 

CHENNAI (NORTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 600 003.

 

PRESENT :  THIRU G. VINOBHA, M.A., B.L.,                                     : PRESIDENT

                                   TMT. KAVITHA KANNAN, M.E.                         : MEMBER-I

                                   THIRU V. RAMAMURTHY, B.A., B.L., PGDLA : MEMBER-II

 

C.C. No.114/2023

 

DATED THIS MONDAY THE 30^TH DAY OF OCTOBER 2023

 

Venkata Satya Ranganath Yenumula,

2B, RamaniyamPushkar Phase 2,

Sholinganallur,

Chennai-600 119.                                                           …..Complainant

 

 ..Vs..

 

Agarwal Packers & Movers Ltd.,

Rep.by its Managing Director,

F-46, Mangalam Complex,

3.  

Anna nagar East,

Chennai-600 102.…. Opposite Party

 

Counsel for Complainant                   : M/s.Maheswaraiah

 

Counsel for  opposite party                  :Exparte.

 

 

ORDER

TMT. KAVITHA KANNAN, M.E.       : MEMBER-I

This complaint has been filed by the complainants against the opposite parties under section 35 of the Consumer Protection Act, 2019 prays to direct the opposite party to pay a sum of Rs.5,000/- with 9% interest p.a. from 3-10-2021 till date of payment being the excess amount received for delivering the goods from the warehouse to his residence, pay a sum of Rs.43,384/- the cost paid towards safe storage of his valuables in the warehouse with interest at 9% p.a. from 03.10.2021 till the date of payment, to pay a sum of Rs.10,484/- expenses towards purchase of essentials and their transportation charges with interest @9% p.a.,Rs.2,00,000/- towards Deficiency of service, Rs.2,00,000/- as compensation for mental agony and Rs.50,000/- towards cost of the proceedings.

1.THE COMPLAINT IN BRIEF:

          The Complainant is a permanent resident of Kesavadasupalem. State of Andhra Pradesh and due to his employment at a Private organization in Chennai, he had moved to Chennai along with his wife and 2 minor children. The complainant states that other than his colleagues at Chennai he does not have any other contacts or well-wishers in Chennai. The Complainant states that during the year 2020, when the universe was grappling with Covid-19 and lockdowns becoming a known factor and schools/ offices were directed to be shut down hence the Complainant's family barring him relocated to their native place. The Complainant stayed alone at Chennai until December 2020, expecting that he has to be physically report to his workplace however situation did not improve thus compelling the Complainant to vacate his house and move to his native place joining his wife and children until the lockdown is lifted. The Complainant states that in view of lock down transportation of goods other than essential were restricted hence he was looking for a safe place to keep his belonging till situation completely becomes normal during such exercise he came across the advertisements circulated/published by the Opposite Party.  The Complainant states that on being contacted the Opposite Party the Opposite Party promised that they would ensure that the belongings of the Complainant would be well taken care of not only while transporting but even thereafter while stored at its warehouse, if their services are availed by the Complainant. As such, on the promises and assurances given by the Opposite Party, the Complainant availed the services of the Opposite Party in the month of January, 2021 to safely pack, load, transport, unload and store valuable residential belongings of high value of the Complainant at the Opposite Party's warehouse in a safe and secure manner and on Complainant's request, the stored valuable belongings to be safely moved to his new apartment premises. The Complainant states that after discussions the Opposite Party agreed to receive the following as the consideration for the services For Packing all valuable belongings: For transportation of the goods from Opposite Party's Ware House at Chennai: For safe storage at Opposite Party's Ware House; Rs. 23,000/-. To safely shift goods from Warehouse to the Complainant's residence, Rent or Warehouse Charges, For safe storage of goods until requested for delivery Totally Rs.5423 /-. The Complainant states that upon arriving to mutually agreed terms, the Complainant made an advance payment of Rs.15,000/-  on 18.01.2021 and that the remaining amount of Rs.8,000/- would have to be paid by him during delivery of the valuables at the desired destination of the Complainant. The Complainant states that on 19.01.2021 he requested the Opposite Party to pick up his valuable goods from his then residence at No.2B, Rear Block, Sri Sai Subhodaya Apartments, Opposite to RTO Office, Thiruvanmiyur, Chennai-600 041 and accordingly a total of 110 of his valuable goods such as mattresses, televisions. DVD player, etc., were packed and moved to the Opposite Party's Warehouse. The Complainant availed storage facilities of the Opposite Party's Warehouse from January, 2021 to September, 2021 and monthly rental Thousand Four Hundred and Twenty Party without any default. charges of Rs.5423/- were paid to the Opposite Party. The Complainant requested the Opposite Party to safely deliver his goods stored at the Opposite Party's Warehouse to residence as initially agreed by both the Complainant and the Opposite Party. However, the Opposite Party demanded that goods would be delivered to the Complainant only after a payment of Rs. 13,000/- be made as against to the actual agreed amount of Rs.8,000/-. The Complainant shocked by the sudden demand as against the agreed amount, sent various-mails, messages through Whatsapp and also tried contacting the Opposite Party's representative who had discussed the terms with the Complainant. However, when he received no response, he visited the Opposite Party's office in person with an intention to resolve the issue however it turned out be futile as the Opposite Party had no intention to resolve the issue rather was particular to gain monetarily by collecting in extra sum of Rs.5,000/-  knowing well the Complainant's desperate position to take back his goods from the Warehouse. The Complainant gave in to the Opposite Party's whims and fancies was forced to pay a sum of Rs. 13,000/-  in total instead of Rs.8,000/- for the Opposite Party's service to safely deliver his goods from Warehouse to residence as all his valuable belongings was in the Opposite Party's custody, moreover the Complainant was asked to pay even before the delivery was initiated. The Complainant states that to his complete shock and surprise, while his valuable things were delivered to him, all the goods were damaged. He found that the cardboard packaging of all the articles were torn, wet and washed up and none of them were in the original condition as they were during the time of pick up. The Opposite Party miserably failed in their duty to keep up their promise of safe storage. Despite paying a huge sum of Rs. 5423/-  every month as rent for safe storage of the valuables, the Opposite Party failed to do the same. The Complainant states that after receipt of the goods from the Opposite Party he sent a mail on 4.10.2021 intimating that the sorry state of affairs of the belongings handed over to them the Opposite Party acknowledged the mail on 08/10/2021 and tendered apology for the unpleasantness and also assured that they will get back soon. But the Opposite Party failed to keep their assurance hence the Complainant sent a reminder mail on 29.10.2021 to them explaining all the details of the damaged things which will help to understand the situation and the service offered to the complainant. The Complainant further states that after receipt of the said mail the Opposite Party vide reply on the same day accepting the mishap and apologies and willing to reimburse Rs 20,000/- with a request to furnish the account details to proceed further. The complainant vide e-mails dated 1.11.2021 & 4.11.2021 requested the Opposite Party the rational for arriving at a compensation for a sum of Rs20,000/- though the value of the articles that got damaged was more than Rs.75,000/- worth, and adding to that the articles delivered were either completely damaged or were soaked The Complainant states that the Opposite Party vide their reply dated 5.11.2021, though admitted the damage caused to the belongings during storage and gave false explanations for fixing the compensation of Rs.20000/-. The Complainant states that as the Opposite Party adopted a laid back approach the Complainant issued a legal notice dated 10.01.2022 to them calling upon them to comply with the demands set out therein and the same was duly served on 27.1.2022, yet the Opposite Party which was neither complied no replied.  The Complainant states that because of the Opposite Party's deficiency of service, the Complainant was put to unwanted mental agony and financial hardship.

 

3. POINTS FOR CONSIDERATION:

1. Whether there is deficiency in service on the part opposite party as alleged in the complaint?
2. Whether the complainant is entitled for the reliefs prayed in the complaint.     If, so to what extent?

The complainant filed proof affidavit, written argument, and documents Ex.A1 to Ex.A10 are marked.  The opposite party was set ex-parte. 

4. POINT NO :1

          As per complaint the complainant availed the service of the opposite party for packing, shifting, storing and redelivering of his household utensils during COVID-19 pandemic as the complainant had to go to his native for a period of few months due to lockdown pandemic for which the opposite party had accepted to charge Rs.23,000/- for packing of household and transportation of the same, for storage in the opposite party's warehouse and delivering at the complainant's premises after few months of storage at the opposite party for which a monthly rental of Rs.5423/- has to be paid by the complainant agreed by both the parties and the same is evident vide whatsapp conversation dated 17-01-2021 found in ExA1  and the complainant made an advance payment of Rs.15,000/- vide money receipt no.331300441 dated 18-01-2021 as found in Ex.A2.

5. The opposite party had packed 110 packages from the complainant's premises to their warehouse on 19-01-2021 and the value of the goods has been stated in the inventory list found in Ex.A3. On Perusal of Ex.A4,it is found that the complainant had paid monthly rental of Rs.2349/- for the month of January and Rs.5423/- for February 2021 to September 2021 for the storage as discussed in whatsapp conversation Ex.A1. From ExA5,  it is pertinent to note that the opposite party collected Rs.13,000/- which was Rs.5000/- excess from the agreed balance Rs.8000/- as discussed in Whatsapp conversation in ExA1. Further on perusal of Ex.A7 the pictures of damaged utilities like cot, bed, sofas were found soiled due to wetness and plywood planks and frames are found with fungus and damaged  that were stored in the opposite party's premises and the same has been endorsed by the complainant in the Receipt Acknowledgement dated 03-10-2021 found in ExA6 in which he had mentioned that 'Container is fully drained in water and lot of wooden furniture got damaged, wornedout, some are not in usuable condition. Termites, spiders observed on most of the clothes.' In email dated 04-10-2021 the complainant has expressed his grievance over the house hold goods damaged during the Home Storage of the said goods under the opposite party's premises where the complainant alleges about the items and carton boxes soaked in water for months and also the development of fungus and metal utensils getting corroded due to the wetness and the materials getting to a useless condition, further the wooden items which had been damaged in the course of storage and termites on the wet mattresses for which the opposite party had replied on 08-10-2021 and 29-10-2021 admitting the damaged of goods and further admits to compensate the same at a cost of Rs.20,000/-, and in subsequent email dated 01-11-2021 the opposite party had come up with a reply that though the complainant was not entitled for any compensation as per the terms as the goods were moved under Owner's risk and the complainant had not opted for any such risk coverage they were opting to pay Rs.20,000/- based on the gravity of the claim. However the opposite party had denied the refund of cost paid towards the service.

6. The undisputed facts of the case is that the complainant utilized the opposite party service of packing-transferring-storing-transferring-delivering of his household furniture’s and utilities from the complainant's premises to the opposite party premises and vice versa while the goods were stored at the opposite party godown for 9 months from January to September 2021 for which the complainant also paid the service as promised and the same count of 110 packages were returned to the complainant on the date of request and all the packages delivered were drenched in water and they were all in non-usable condition. The matter of dispute is that when the complainant raised his grievance towards his damage of goods the opposite party admitted to send a surveyor, but no such surveyor was appointed and his report is also not submitted to this commission. Further the opposite party has admitted to compensate the same to a tune of Rs.20,000/- which is not accepted by the complainant and hence claims for refund of the excess Rs.5000/- and the service charges paid to the opposite party which is denied by the opposite party in email dated 05-11-2021.

 7. Perused records and on hearing the counsel of the complainant, the opposite party had collected excess amount of Rs.5000/- apart from the balance Rs.8000/- to be paid as per bills of supply dated 05-10-2021, Ex.A5. Further, from observing the images of damaged goods found in Ex.A7 it is evident the complainant incurred huge loss due to the furniture’s and utilities got drenched and became useless and the same is admitted by the opposite party in his email dated 05-11-2021. Since the complainant has availed the service of the opposite party the complainant is not entitled for the refund of the service cost. Though as per the inventory details the opposite party values the damaged property to the tune of Rs.20,000/- there is no basis for such assessment by the opposite party and  further it had collected Rs.5000/- in excess to the agreed amount which is unfair and amount to deficiency in service on the part of opposite party it is found from Ex.A9 which is a purchase bill for purchase of mattress by the complainant on 02.11.2021 which is subsequent the damages caused to the complainant household goods that due to the negligent act of the opposite party in not preserving the household items including the mattress which was given for safe custody to the opposite party due to soaking and due to wet condition and formation of fungus the complainant was not able to use the mattress and hence he was forced to purchase a new mattress under Ex.A9 for Rs.10484/- which is liable to be paid to the complainant by the opposite party as the same was due to the negligence and deficiency in service occasioned by the act of the opposite party. Point no.1 answered accordingly.

8. Point no.2:-

          Based on findings given in Point No.1 there is deficiency of service on the part of opposite party.  Hence the complainant is entitled for Rs.5000/- which was excessively received by the opposite party and also the complainant is entitled for Rs.10484/- being the expenses incurred to purchase a new mattress and also entitled for Rs.50000/- towards deficiency in service and mental agony and to pay Rs.5000/- towards cost of the complaint. In the facts and circumstances of this complaint this commission is not inclined to give any interest as claimed in the complaint.

In the result, the complaint is partly allowed.  The opposite party is directed to pay a sum of Rs.5000/- which was excessively received by the opposite party and also pay the complainant a sum of Rs.10484/- being the expenses incurred to purchase a new mattress and to pay a sum of Rs.50,000/- (Rupees Fifty Thousand Only) as compensation towards deficiency in service, mental agony and also pay a sum of Rs.5000/- towards cost of this complaint. The above amount shall be paid to the Complainant within two months from the date of receipt of the copy of this order, failing which the above said amount shall carry 9% interest from the date of order till the date of payment.

          Dictated by the Member-I to the Steno-Typist taken down, transcribed and computerized by him, corrected by the President and pronounced by us in the open Commission on this the 30^th  day of October 2023.

 

MEMBER I                  MEMBER  II                                         PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

 

Ex.A1		Copy of whatsapp conversation for booking.
Ex.A2	18.01.2021	Copy of advanced receipt.
Ex.A3	19.01.2021	List of goods handed over to the opposite party.
Ex.A4	Jan-Sep	Copy of monthly rent receipts.
Ex.A5	05.10.2021	Receipt of delivery charges.
Ex.A6	03.10.2021	Damaged delivery acknowledgment.
Ex.A7		Photographs of the damaged goods.
Ex.A8		Copy of email correspondences receiving complaint.
Ex.A9	02.11.2021	Copy of receipt for purchase of essential items.
Ex.A10	21.01.2022	Legal notice with AD card.

 

 

MEMBER – I                  MEMBER – II                                         PRESIDENT