In the Court of the Consumer Disputes Redressal Forum, Unit -I, Kolkata, 8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087. CDF/Unit-I/Case No.176 / 2011. 1) Kotak Mahindra Old Mutual Life Insurance Ltd. 9th Floor, Godrej Coliseum, Sion (East), Mumbai-400022 and 46/31/1, Gariahat Road, Kolkata-29. 2) Manish Sharma ‘Natural Heights’, Flat No.1B, 7th Block, 137, V.I.P. Road, Kolkata-52. ---------- Complainant ---Versus--- 1) Agarwal Packers & Movers Pvt. Ltd., 46, Eastern Chamber, Poona Street, Mumbai-400009 and SP-47, 20/2C, Sahapur Coloney (West), P.S. New Alipore, Kolkata-53. ---------- Opposite Party Present : Sri Sankar Nath Das, President. Dr. Subir Kumar Chaudhuri, Member. Order No. 20 Dated 13-05-2013. The case of the complainants in short is that owing to certain exigencies complainant no.2 was transferred by complainant no.1 from New Delhi to Kolkata in the month of April, 2010, pursuant whereto, it became expedient to make necessary arrangements for relocating the household goods and other goods and materials belonging to complainant no.2 from New Delhi to Kolkata. Complainants state that under such circumstances, they approached the o.p. and enquired as to whether the o.p. would be able to render its services by way of packing the household and other goods and materials belonging to complainant no.2 and by safely transporting the same from the erstwhile address of complainant no.2 to Kolkata. Complainants placed and/or caused to be placed an order upon the o.p. requiring the o.p. to pack all the household and other goods and materials belonging to complainant no.2 and to transport them from the erstwhile address of complainant no.2 at New Delhi to Kolkata and also to unpack the same on reaching the destination and to hand it over to complainant no.2. It was also mutually agreed and understood by and between the parties hereto that for the purpose and/or in lieu of rendering such services entrusted upon it, the o.p. would be paid a sum of Rs.24,277/- upon submission of bills and subject to satisfactory completion of the entire job entrusted with the o.p. It was further unequivocally and unconditionally agreed and understood by and between the parties hereto in writing that the o.p. would be held solely and exclusively responsible under all circumstances for any kind of damage to any material / consignment occurring on shifting such goods and/or materials from New Delhi to Kolkata. It was further agreed by the o.p. that the entire consignment would be safely delivered at the proposed destination on or before 25.4.10. Complainants state that subsequent to aforesaid, all the household and other goods and materials / equipments belonging to complainant no.2 were handed ovber to the o.p. on 21.4.10 requiring the o.p. to pack the same in a proper manner and to deliver the same to the proposed destination at Kolkata on or before 25.4.10, as had been expressly assured by the o.p. Complainants state that the goods and/or materials/equipments, as were so handed over by complainants to the o.p. on 21.4.10 as aforesaid, included, interalia, fridge, kitchen utensils, crockeries, beddings, clothes, suitcase, water tank, cushions, books, television set, television trolley, steel almirah, glass items, bicycle etc. worth Rs.2,04,684/- at the most conservative estimate, as shall appear from a comprehensive chart prepared by the o.p. itself. And upon being so handed over the above referred goods and/or materials the o.p. packed he same and dispatched the consignment for its destination on 21.4.10 itself. Complainants state that though the o.p. had assured to deliver the said consignment at the destination at Kolkata positively on or before 25.4.10 without any delay for any reason whatsoever, there was an inordinate, unreasoned and unexplained delay on the part of o.p. in delivering the said consignment and the consignment containing the household and other goods and materials belonging to complainant no.2 reached the destination at Kolkata only on 29.4.10 i.e. after four days from the dated scheduled for their delivery. Complainants states that immediately upon arrival of the said consignment at its destination, it was discovered that all the cartons of the said consignment were open and badly soaked in water. Furthermore, all the goods and materials were found to be badly and almost irreparably damaged – crockery, cooking utensils, showpieces and other glass items were found to be broken into pieces, foodstuffs were found to be spread all over other goods and materials, clothes were badly soaked with water and the electronic and electrical equipments and appliances were also found to be either broken or irreparable damaged and the furniture was also found in a damaged condition on the arrival of the said consignment at the destination. Complainants state that the sight of the condition of the said consignment was a shock to complainant no.2 and complainants were really clueless as to how such damage could be caused to the said consignment. Hence the case was filed by the complainant with the prayer contained in the petition of complaint. O.p. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld lawyer of o.p. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed. Decision with reasons: We have gone through the pleadings of the parties, evidence and documents in particular and we find that owing to certain exigencies complainant no.2 was transferred by complainant no.1 from New Delhi to Kolkata in the month of April, 2010, pursuant whereto, it became expedient to make necessary arrangements for relocating the household goods and other goods and materials belonging to complainant no.2 from New Delhi to Kolkata. We further find that under such circumstances, they approached the o.p. and enquired as to whether the o.p. would be able to render its services by way of packing the household and other goods and materials belonging to complainant no.2 and by safely transporting the same from the erstwhile address of complainant no.2 to Kolkata. It is seen from the record that complainants placed and/or caused to be placed an order upon the o.p. requiring the o.p. to pack all the household and other goods and materials belonging to complainant no.2 and to transport them from the erstwhile address of complainant no.2 at New Delhi to Kolkata and also to unpack the same on reaching the destination and to hand it over to complainant no.2. It was also mutually agreed and understood by and between the parties hereto that for the purpose and/or in lieu of rendering such services entrusted upon it, the o.p. would be paid a sum of Rs.24,277/- upon submission of bills and subject to satisfactory completion of the entire job entrusted with the o.p. It was further unequivocally and unconditionally agreed and understood by and between the parties hereto in writing that the o.p. would be held solely and exclusively responsible under all circumstances for any kind of damage to any material / consignment occurring on shifting such goods and/or materials from New Delhi to Kolkata. It was further agreed by the o.p. that the entire consignment would be safely delivered at the proposed destination on or before 25.4.10. It is also seen that subsequent to aforesaid, all the household and other goods and materials / equipments belonging to complainant no.2 were handed ovber to the o.p. on 21.4.10 requiring the o.p. to pack the same in a proper manner and to deliver the same to the proposed destination at Kolkata on or before 25.4.10, as had been expressly assured by the o.p. We find from the record that the goods and/or materials/equipments, as were so handed over by complainants to the o.p. on 21.4.10 as aforesaid, included, interalia, fridge, kitchen utensils, crockeries, beddings, clothes, suitcase, water tank, cushions, books, television set, television trolley, steel almirah, glass items, bicycle etc. worth Rs.2,04,684/- at the most conservative estimate, as shall appear from a comprehensive chart prepared by the o.p. itself. And upon being so handed over the above referred goods and/or materials the o.p. packed he same and dispatched the consignment for its destination on 21.4.10 itself. We further find that though the o.p. had assured to deliver the said consignment at the destination at Kolkata positively on or before 25.4.10 without any delay for any reason whatsoever, there was an inordinate, unreasoned and unexplained delay on the part of o.p. in delivering the said consignment and the consignment containing the household and other goods and materials belonging to complainant no.2 reached the destination at Kolkata only on 29.4.10 i.e. after four days from the dated scheduled for their delivery. It transpires from the record that immediately upon arrival of the said consignment at its destination, it was discovered that all the cartons of the said consignment were open and badly soaked in water. Furthermore, all the goods and materials were found to be badly and almost irreparably damaged – crockery, cooking utensils, showpieces and other glass items were found to be broken into pieces, foodstuffs were found to be spread all over other goods and materials, clothes were badly soaked with water and the electronic and electrical equipments and appliances were also found to be either broken or irreparable damaged and the furniture was also found in a damaged condition on the arrival of the said consignment at the destination. And we find that the sight of the condition of the said consignment was a shock to complainant no.2 and complainants were really clueless as to how such damage could be caused to the said consignment. In view of the findings above and on perusal of the materials on record we find that there is gross negligence and deficiency on the part of the o.p. being service provider to its consumer / complainant and complainant is entitled to relief. Hence, ordered, That the case is allowed on contest with cost against the o.p. O.p. is directed to pay to the complainant no.2 a sum of Rs.1,25,000/- (Rupees one lakh twenty five thousand) only for the loss suffered by complainant no.2 owing to gross deficiency on the part of o.p. in rendering service and is further directed to pay compensation of Rs.30,000/- (Rupees thirty thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only 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. | 
