BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No. 47 of 2016
Date of institution: 21.01.2016
Date of Decision: 20.07.2016
M.L. Bhardwaj, Retd. Chief Manager, Vijaya Bank, resident of House No.204, Apex, Pearl Apartment, Hormave Main Road, Banglore now residing at B-4/702, Maya Garden City, Ambala Road, Zirakpur (Mohali)
……..Complainant
Versus
1. Agarwal Packers & Movers through its Manager/authorised signatory, 3rd Floor, Kabra Complex, 61-M.G. Road, Secunderabad, Andhra Pradesh, India 500003, also at 181/18, Industrial Area, Phase-I, Chandigarh 160002.
2. DRS Dilip Road Lines Pvt. Ltd., through its Manager/authorised signatory, 306, 3rd Floor, Kabra Complex, 61-M.G. Road, Secundrabad, Andhra Pradesh, India 500003.
………. Opposite Parties
Complaint under Section 12 of the
Consumer Protection Act, 1986.
CORAM
Mrs. Madhu. P. Singh, President.
Shri Amrinder Singh Sidhu, Member
Mrs. R.K.Aulakh, Member.
Present: Ms. Rameet Bakshi, counsel for the complainant.
OPs Ex-parte.
(Mrs. Madhu P. Singh, President)
ORDER
The complainant has filed the present complaint seeking following direction to the Opposite Parties (for short ‘the OPs’) to:
(a) indemnify the complainant against all the damaged household articles by way of refund of Rs.69,398/- paid to the OP for transportation charges and pay Rs.4,000/- spent by the complainant as unloading charges alongwith interest.
(b) repay him Rs.10,000/- for transportation that had to be borne by the complainant due to late delivery of the car.
(c) to pay him Rs.1,00,000/- for mental pain, agony and unnecessary harassment.
(d) pay him Rs.30,000/- towards cost of litigation.
The complainant who was working in Vijaya Bank, Bangalore, after retirement, hired the services of the OP for packing and moving the household articles and his car i20 from Bangalore to Zirakpur. On 28.03.2015 a representative of OP No.1 prepared a list of household articles that were to be shifted to Zirakpur. On 02.04.2015 an employee of OP No.2 collected the goods from the complainant against receipt. On the same another receipt was also issued to the complainant for the transportation of his car. An amount of Rs.69,398/- was charged by the OPs for the services and the complainant was assured that the goods would be delivered in proper condition within 10 days which was also mentioned in the booking slip dated 28.03.2015. However, the consignment was not delivered to the complainant on 12.04.2015 as assured. The complainant contacted the OPs but was not given properly as to where his consignment was. Ultimately the OPs delivered the consignment to the complainant in two shifts on 16.04.2015 one at about 6.00 PM and the other at about 10.30 PM. The complainant found that the articles had been severely damaged as no precaution had been taken to properly wrap and cover the articles. The articles were also drenched in rain water. The mattresses were wet and had spots of grease, the wooden bed box was broken and dismantled and the ply had been scratched, two dinning chairs were broken, the wooden sofa was ruined, the iron almirahs were dented and scratched, the iron trunk was open and dented and the bed side wooden tables were also damaged. The staff of the OPs also did not unload the items at the house of the complainant inspite of charging Rs.2,000/- for unloading by the OPs. The complainant had to pay Rs.4,000/- for getting the consignment unloaded. The complainant made a telephonic call to the OPs regarding damage of his articles and he also sent e-mails. Vide their e-mail dated 18.04.2015 the OPs acknowledged damage to the articles and assured the complainant that he would be indemnified for the same. The OPs also assured that their claim incharge would visit the house of the complainant and based on the official’s report they would either repair the damage or compensate the complainant for his losses. In pursuance to this e-mail, Mr. Pawan the claim incharge visited the house of the complainant and prepared a report of all the damaged articles. Mr. Pawan made an endorsement on the back of receipt ackowleding the defected articles and assured that the complainant would be indemnified for the damage that had been caused. Mr. Pawan took one of the damaged almirahs and an iron trunk with him for repair but has not returned till date. The complainant sent many e-mails to the OPs and has also contacted them several times via phone, but there has been no positive reply nor has any action been taken by them. The OPs also did not deliver the car of the complainant within specified period of ten days and on enquiry it was informed that the car had been parked in Gurgaon and would be delivered to the complainant in another 10 to 15 days. Due to non delivery of the car on time, the complainant had to bear extra financial loss as he had to spent Rs.1,000/- per day on transportation. The complainant vide legal notice dated 22.05.2015 claimed replacement of all the damaged articles and compensation for mental agony and unnecessary harassment. Thus, alleging negligence and deficiency in service on the part of the OPs, the complainant has filed the present complaint.
2. AD of the registered notice sent to OP No.1 received back with signature but none appeared on its behalf despite repeating calling. OP No.1 was thus proceeded against ex-parte vide order dated 21.03.2016. Regarding, OP No.2 as per report of India Post Tracking, the notice was delivered on 20.02.2016 and nobody also appeared on its behalf. OP No.2 was also proceeded against ex-parte vide order dated 21.03.2016.
3. Evidence of the complainant consists of his affidavit Ex.CW-1/1 and copies of documents Ex.C-1 to C-11.
4. We have heard learned counsel for the complainant and have also gone through written arguments filed.
5. Since the OPs have been proceeded ex-parte and neither filed any reply nor any rebuttal evidence. Therefore, the act of the OPs, as settled in the case titled as K.D. Ajay Khosh Vs. M/s. Alliance Habitat, 2013 (2) CLT 389, Hon’ble Kerala State Consumer Disputes Redressal Commission, amounts to admission. Hence, it will be appropriate to appreciate the evidence of the complainant for adjudication of the present case.
6. The services of the OPs were availed by the complainant for packaging, un-packaging, loading, unloading, freight for transportation of house hold goods and car transportation inclusive of loading and unloading as per quotation dated 28.03.2015 Ex.C-1. Finally after packaging, un-packaging, loading and unloading of household goods, the complainant vide Ex.C-3 (for household goods) and C-4 (for car No.CH-01-AD-0407 i-20) consignment notes dated 02.04.2015 booked the 69 packets of goods and three wooden crates for transportation from Bangalore to Zirakpur (Mohali) and paid a sum of Rs.69,398/-. The perusal of consignment note Ex.C-3 under head ‘expected date of delivery’ shows that the same has been kept blank, meaning thereby that there was no expected date of delivery agreed between the parties.
7. As per the complainant there was delay in delivery of household goods by 10 days and delay in delivery of car by more than 25 days. Further the goods and articles upon delivery on 16th April, 2015 were found to be drenched in rain water and card boards were torn off. Further the delivery was not made in one go but in two installments, one during the day and another during late hours of the night when there was no labour available for unloading the open truck. The wooden boxes were totally broken and dismantled, dinning chairs broken, two iron almirahs dented and scratched badly, iron trunk was dented and found the locks broken. None of the 69 packets and three wooden boxes reached in safe and proper condition. The complainant before and after the receipt of delivery of damaged goods, informed the OPs telephonically as well as through mail and this fact has been proved by the complainant through Ex.C-1 copies of e-mails exchanged between the parties on the subject.
8. Perusal of e-mail dated 18.04.2015 (reference internal page 21) clearly reveals that the Ops have accepted the damaged caused to the household articles of the complainant and also assured that the claim incharge of the OPs will visit the site and thereafter they will either repair the damaged articles or compensate for the damages. The surveyor of the OPs visited the site on 17.04.2015 and had noted down the details of the damaged articles on the reverse side of the consignment note dated 02.04.2015. He has also taken one almirah and one broken steel trunk for repairs. As per the complainant, till date, neither the trunk and steel almirah after repairs has been returned by the OPs, nor the compensation for damaged articles has been paid. There is nothing on record to show from the side of the OPs in this regard. Therefore, the claim of the complainant still stands against the OPs for damaged articles as well as delay in delivery of articles and the complainant has proved that sufficiently.
9. Further to prove the damaged done to the household articles during transportation, the complainant has proved the photographs as well as his sworn affidavit. The complainant has, therefore, proved the act of deficiency in service and unfair trade practice on the part of the OPs as the OPs have failed to take due care during the transportation of the household articles booked for delivery from Bangalore to Zirakpur (Mohali) and have further failed to settle the claim of the complainant, as admitted by them vide their e-mail dated 18.04.2015. The acts of deficiency in service and unfair trade practice having been proved by the complainant against the OPs and, therefore, the complaint deserves to be allowed and the complainant deserves to be compensated.
10. In view of above discussions, the complaint is allowed with the following directions to the OPs to:
(a) to refund a sum of Rs. 69,398/- (Rs. Sixty nine thousand three hundred ninety eight only) alongwith interest @ 9% per annum w.e.f. 02.04.2015 till realization, charged for transportation in order to indemnify the complainant against all the damages caused to the household articles during transportation.
(b) to pay a lump sum compensation of Rs. 50,000/- Rs. Fifty thousand only) on account of mental agony, harassment and costs of litigation.
Compliance of this order be made within a period of thirty days from the date of receipt of a certified copy of this order. Certified copies of the order be furnished to the parties forthwith free of cost and thereafter the file be consigned to the record room.
Pronounced.
July 20, 2016.
(Mrs. Madhu P. Singh)
President
(Amrinder Singh Sidhu)
Member
(Mrs. R.K. Aulakh)
Member
