| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION PATIALA. Consumer Complaint No. 66 of 21.2.2023 Decided on: 20.8.2024 Kartik Sood S/o Sh.Vijay Rakash resident of #760/8, St.No.7 Guru Nanak Nagar, Opposite Gurbax Colony, Patiala Punjab 147001. …………...Complainant Versus Agarwal Best Packers & Movers, Plot No.5, Phabat Road, Zirakpur, Tehsil Zirakpur District Mohali (Punjab)-140603 through its authorized signatory. …………Opposite Party Complaint under the Consumer Protection Act QUORUM Sh.Pushvinder Singh, President Sh.G.S.Nagi, Member ARGUED BY Sh.S.S.Nahar, counsel for the complainant. Opposite Party Ex-parte. ORDER PUSHVINDER SINGH, PRESIDENT - The instant complaint is filed by Kartik Sood (hereinafter referred to as the complainant) against Agarwal Best Packers & Movers (hereinafter referred to as the OP/s) under the Consumer Protection Act (for short the Act).
- It is averred in the complaint that with a view to shift certain goods and other household furniture etc. complainant contacted OP who disclosed Rs.13000/-as charges for the same out of which Rs.2000/- was to be paid in advance at the time of booking and rest of the amount was to be paid at the time of unpacking of the goods upon delivery. Accordingly complainant paid Rs.2000/- on 28.1.2023 through G-pay and confirmed the booking for 29.1.2023.The goods were to be delivered at the destination on 30.1.2023.That on 29.1.2023 employees of the OP reached at the address of the complainant and packed the goods in hasty manner within one hour. That later complainant received a call from the OP whereby they demanded Rs.18,760/- as balance amount stating that the total amount including the taxes was not Rs.13000/- and forced the complainant to make the payment immediately otherwise they will not deliver the goods to the destination. That under the compelled circumstances the complainant transferred the amount of Rs.18760/- through G-Pay.
- That in the morning of 30.1.2023 the goods reached the destination and were unloaded. That when the complainant tallied the items with the list, he found that much of the stuff/goods had water droplets and were wet, except one suitcase all other articles were without padding. The complainant found that the water had seeped in the goods and all the articles were having some water on them. That when the complainant opened the suitcase he found that costly clothes of his wife were soaking wet and most of the clothes had been ruined beyond repair, since all the clothes in the said suitcase required dry cleaning .That the OP has adopted unfair trade practice and also there is deficiency in service on its part which caused great loss, mental agony and harassment to the complainant. Hence this complaint with the prayer to accept the same by giving direction to the OP to refund the excess charged amount of Rs.7760/-alongwith interest @18% per annum from the date of receipt till realization; to pay the cost of cloths as per bills i.e. Rs.61647/-; to pay Rs.50,000/- as compensation for causing mental agony and harassment and also to pay Rs.25000/- as litigation expenses.
- Upon notice of the complaint branch Manager of the OP appeared but thereafter none appeared nor filed reply on behalf of the OP. Accordingly the OP was proceeded against exparte.
- In evidence ld. counsel for the complainant has tendered in evidence Ex. CA affidavit of the complainant,Ex.C1 copy of Aadhar card, Ex.C2 copy of quotation,Ex.C3 copy of list of items, Ex.C4 copy of Google pay amount of Rs.2000/-,Ex.C5 copy of Google payment amount of Rs.18760/-, Ex.C6 to Ex.C12 photographs of clothes,Ex.C13 to Ex.C14 copy of bills of ruined clothes and closed the evidence.
- We have heard the ld.counsel for the complainant and have also gone through the record of the case, carefully.
- The complainant has engaged the services of the OP for shifting of some household articles including furniture from Patiala to Gurugram as per the quotation No.1284 dated 13.1.2023,Ex.C2. The deal was stuck for a consideration of Rs.13000/- only for the goods as detailed in Ex.C3. An advance payment of Rs.2000/-was made at the time of booking on 28.1.2023 through Google pay as per payment detail,Ex.C4.The balance payment was to be made after the successful delivery of the goods at the destination. The OP approached the complainant on 29.1.2023.The goods were then packed by the OP in a haphazard manner. The complainant was then asked to make the payment of Rs.18760/- at the time of the delivery of the goods against the quoted price of Rs.13000/- on the grounds that service tax, union charges, statistical charges and GST were not included in the quotation and the complainant was forced to make the payment of Rs.18760/- to the OP through Google pay as per payment details,Ex.C5. The complainant has alleged that the workers of the OP after unloading and unpacking of the material left the premises in an hour. All the material had water droplets and were wet except one suitcase .He found that the costly clothes stored inside the suitcase had been damaged beyond repairs. The photographs of the clothes are Ex.C6 to Ex.C12.The complainant has alleged that these clothes were purchased for a consideration of Rs.52447.50 and Rs.32602.50 as per bills dated 21.11.2022 and 10.11.2022 copies of which are Ex.C13 and Ex.C14.The complainant has alleged that the OP had adopted unfair trade practice and they were deficient in providing the service and has prayed for the refund of Rs.7760/- which was charged in excess of the quotation alongwith the costs of the clothes so damaged to the tune of Rs.61647/-alongwith compensation and litigation expenses.
- The evidence lead by the complainant has not been rebutted as the OP has chosen to remain ex-parte.
- As per the evidence produced by the complainant the services of the OP were availed for shifting the household articles as per list,Ex.C3. The quotation of Rs.13000/- for shifting of the said articles was provided by the OP as per quotation No.1284 dated 13.1.2023 Ex.C2. An advance payment of Rs.2000/-was made by the complainant as per Ex.C4 and the complainant then made the payment of Rs.18760/- as per Ex.C5 on receipt of the goods at the destination.
- From the photographs of the clothes produced by the complainant it cannot be ascertained that the clothes were damaged beyond repair due to the fault of the OP.The complainant has failed to prove the same by producing the affidavit of any expert/drycleaner stating that the clothes which were damaged are beyond repairs.
- The only allegation i.e. proved by the complainant is that he was charged in excess of the amount agreed to between the complainant and the OP as per the quotation,Ex.C2. The complainant was forced to make the payment of Rs.20760/- ( Rs.2000/- in advance and Rs.18760/- on delivery of the goods at the destination) against the agreed quoted price of Rs.13000/-.As such Rs.7760/- has been charged in excess of the quoted amount by the OP which amounts to unfair trade practice on the part of the OP.
- We therefore, partly allow the complaint and direct the Op to refund Rs.7760/- to the complainant alongwith interest @12% per annum from the date of payment i.e. 29.1.2023 till realization. The OP is also directed to pay compensation of Rs.10,000/- for causing mental agony and harassment and Rs.5000/- as litigation expenses. Compliance of the order be made by the OP within a period of 45 days from the date of receipt of certified copy of this order.
- The instant complaint could not be disposed of within stipulated period due to heavy rush of work and for want of Quorum from long time.
-
-
G.S.Nagi PUSHVINDER SINGH Member President | |
