Order No. 15 dt. 17/02/2017
The case of the complainant in brief is that the complainant had been residing at Indirapuram at Ghaziabad in the state of Uttar Pradesh. The complainant engaged the o.p. for transporting the household articles from Ghaziabad in the state of Uttar Pradesh to Hooghly in the state of West Bengal. The o.p. also offered insurance service to cover all losses arising out of any situation to its household items. The complainant paid an amount of Rs.32,654/- for the transportation charge. The o.p. delivered the consignment and whenever the consignment was opened the complainant discovered several of his household items damaged. The complainant informed the said fact to o.p. but no action was taken by o.p. The complainant repeatedly requested the o.p. to make good the loss sustained by the complainant, but the complainant was offered a paltry sum which the complainant refused and subsequently the complainant filed this case praying for compensation of Rs.25,000/- regarding the permanent damages of the household articles and also prayed for compensation of Rs.65,000/- and Rs.10,000/- for litigation cost.
The o.p. contested this case by filing w/v and denied all the material allegations of the complaint. It was stated that all goods were properly packed and packing list containing 51 packages were prepared on 31.10.13. The complainant in the receipt mentioned that the total value of the goods was Rs.1 lakh. The complainant was well aware that transportation of the goods was undertaken under special contract and for risk coverage which contained certain terms and conditions: (i) In the event of arising a case of claim for any reason the payment of compensation will be restricted to the amount equivalent to the value of the articles declared by the consignor in the packing list, (ii) In case of any damage of furniture or any wooden item, the damage would be got repaired only by the carpenter of the company and no claim for replacement of the damaged furniture / wooden item will be entertained if the damage is reparable.
The consignor who indicate the value of his old and used items in detail at the time of packing in the packing list and no claim for compensation will be entertained for mental tension or harassment due to unintentional deal in delivery of the material attachment.
The transportation goods were delivered at the destination of the complainant on 24.11.13 who remarked ‘all items received’. A few complaints of damages viz. TV cabinet, central table top, bed edges and crockery glass. After getting complaint from the complainant an assessor was sent from the office of o.p. to the residence of the complainant on 17.11.13 and recorded the position of the damaged goods. The complainant was offered an amount of Rs.1000/- for repairing the same but he refused and subsequently the complainant asked the o.p. for enhancing the amount of Rs.2000/-. In view of the said fact o.p. prayed for dismissal of the case with the offer to the complainant to pay the compensation of Rs.1000/-.
On the basis of the pleadings of parties the following points are to be decided:
- Whether the complainant engaged the o.p. for transporting the articles from Ghaziabad to Hooghly.
- Whether during the transportation of the consignment there was damage of the articles.
- Whether there was any deficiency in service on the part of o.p.
- Whether the complainant will be entitled to get the relief as prayed for.
Decision with reasons:
All the points are taken up together for the sake of brevity and avoidance of repetition of facts.
The complainant conducted the case by himself and he argued that for transportation of household articles from Ghaziabad, Uttar Pradesh to Hooghly, West Bengal he engaged the o.p. During the transportation of the articles some of the articles were damaged which were brought to the notice of o.p. but no action was taken for which the complainant had to file this case praying for compensation and other reliefs.
Ld. lawyer for the o.p. argued that total charge for transportation of the said articles was made by o.p. to the tune of Rs.32,654/-. During the transportation some articles were broken and the complainant after bringing it to the notice of o.p., the o.p. sent one representative to assess the loss sustained by the complainant. After inspection of the damaged articles it was assessed that the repairing work can be done by spending Rs.500/-. The o.p. accordingly offered Rs.500/- to the complainant, subsequently with the demand of the complainant for further amount o.p. agreed to enhance the amount of Rs.1000/-. Thereafter sent an e-mail to o.p. praying for enhancement of the amount of Rs.2000/- which o.p. refused to pay. The complainant thereafter filed this case praying for compensation and other reliefs. Ld. lawyer for o.p. emphasized that in the terms and conditions of the transportation of the articles it was specifically stated that the repairing work is to be done by carpenter in respect of the wooden articles that will be provided by o.p. Since the house of the complainant is situated at some distance from the office of o.p., therefore the complainant was offered the said amount and in the agreement itself which was signed by the complainant it was specifically stated that consigner will not be entitled to get any compensation for mental harassment. In view of such fact o.p. prayed for dismissal of the case.
Considering the submissions of the respective parties it is an admitted fact that the complainant engaged the o.p. for transporting the articles from Ghaziabad to Hooghly and during the long distance of transportation some articles were damaged and those were also taken note of by assessor sent by o.p. The o.p. agreed to repair the damaged wooden articles but since the residence of the complainant is situated at some distance from the office of o.p. thereby the complainant was offered Rs.500/- initially and subsequently it was enhanced to Rs.1000/-. On perusal of the record we find that there was an agreement between the parties that in case of damage of the articles, the articles would be repaired by o.p. by sending his carpenter and the list of articles damaged during the said transportation was not so much as noted by the representative of o.p. Since the damage sustained by the complainant could be repaired by spending at least Rs.2000/- thereby the complainant will be entitled to get the said compensation. So far as the litigation cost of concerned the complainant undoubtedly had to file this case after bringing notice to o.p. but no action was taken by o.p. for which the complainant will be entitled to get the litigation cost. Thus all the points are disposed of accordingly.
Hence, ordered,
That the CC No.451/2014 is allowed on contest with cost against the o.p. The o.p. is directed to pay the repairing cost of the damaged articles of Rs.2000/- (Rupees two thousand) only to the complainant along with compensation of Rs.1000/- (Rupees one thousand) only for harassment and mental agony and litigation cost of Rs.500/- (Rupees five hundred) only within 30 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.
