- Ms Swapna Mazumder,
Anandamoyee Ananda Niwas
Chotokhejuria More, Adisaptagram,
P.O. Addconagar, Dist. Hooghly, Pin-712121. _________ Complainant
____Versus____
- Agarwala Packers & Movers Ltd.,
S.P.-47, 20/2C, Sahapur Colony,
New Alipore, P.S. Alipore, Kolkata-53.
- Manager / Authorized Person representing
Agarwala Packers & Movers Ltd.,
S.P.-47, 20/2C, Sahapur Colony,
New Alipore, P.S. Alipore, Kolkata-53.
- Chief Administrative Officer,
M/s Agarwala Packers & Movers Ltd.,
21, Shivaji Marg (1st floor),
Najafgarh Road, New Delhi-110015. ________ Opposite Parties
Present : Sri Sankar Nath Das, Hon’ble President
Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 10 Dated 28-08-2014.
The case of the complainant in short is that complainant has made a contract with the o.p. for the purpose of shifting from Delhi to Bandel and paid them Rs.55,650/- towards the charges for transportation including packing loading and delivery of goods at her resident. O.p. assured her that they would to take utmost care and deliver the article in perfect condition but they fail their commitment as various articles were found damaged on arrival. Complainant protested about the matter and for that reasons she had made various communications with o.p. through letters and faxes, but o.ps. did not pay any heed. So the complainant has filed the instant case praying for refund of amount which she has paid to o.ps. along with compensation and litigation cost.
Though the notices were properly served upon o.ps. they did not turn up. So the matter was fixed exparte the o.ps.
Decision with reasons:
We have gone through the evidence and documents in particular. It is admitted fact that the complainant contracted with o.ps. for shifting of her household goods from Delhi to Bandel. Accordingly, she paid Rs.55,650/- vide bill no.BILL/717055/2012 DT.26.2.12. After shifting she found that her transported goods were damaged due to rain water. The complainant has mentioned in para 9 of her complaint that the clothes, suit cases, 2 new medicated mattress were damaged. Other items no.1, 11, 14, 17, 18, 20, 21, 22, 29 were also damaged as per ‘Packing List’ dt.24.3.12. The complainant expected to receive her household goods in sound condition but she found her goods in damaged condition. She made several correspondences with o.ps. and registered her complaint and Kolkata office of o.p. sent their Field Officer for inspection of 8.4.12 and the said Field Officer inspected the damaged items but o.ps. did not give her any compensation.
O.ps. had not entered into their case by filing w/v and the evidence adduced by complainant has remained unchallenged testimony and there is no reason to disbelieve the evidence of the complainant. Therefore, we observe that the complainant has substantiated her case and as such, she is entitled to get relief.
Hence, ordered,
That the case is allowed ex parte with cost against the o.ps. O.ps. are jointly and/or severally directed to pay to the complainant a sum of Rs.30,000/- (Rupees thirty thousand) only as compensation for harassment and mental agony and a sum of Rs.5000/- (Rupees five thousand) only as litigation cost within 45 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
