Haryana

Kurukshetra

CC/273/2021

Suraj Gupta S/o Laljee Gupta - Complainant(s)

Versus

Aggarwal Packers - Opp.Party(s)

In Person

29 Dec 2021

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL  COMMISSION, KURUKSHETRA.

 

Complaint No.273 of 2021

Date of Instt.:14.09.2021

Date of Decision:29.12.2021

 

Suraj Gupta son of Sh.Laljee Gupta resident of house No.534/13, Sector -13, Urban Estate, Kurukshetra.

Permanent resident of house No.23, near IOCL Petrol Pump, Bachhaon,

Varanasi (UP).

                                                                        …….Complainant.                                              Versus

1.Agarwal Packers and Movers Limited (CORPORATE) APML, Agora Business Center-Opposite Corscent Public School, Parwana Road, Pitampura, Delhi 110034 (India).

2.Agarwal Packers and Mover Ltd. Branch office-

A) Panipat Branch office-

   Agarwal Packers and Mover Limited

   469, HUDA Sector -6, Panipat, Haryana 132103.

B) Varanasi Branch Office:

  Agarwal Packers and Mover Limited

  Near Anant Hospital,Govindpur, Rohaniya, Varanasi GT Road,

  Varanasi, Uttar Pradesh 221108.

                ….…Opposite parties.

 

                Complaint under Section  35 of Consumer Protection Act.

 

Before       Smt. Neelam Kashyap, President.    

                   Shri Issam Singh Sagwal, Member.

                   Ms.Neelam Member.

                 

Present:     Complainant in person.

                 Ops ex parte

 

                 This is a complaint under Section 35 of the Consumer Protection Act, 1986 moved by Suraj Gupta   against Agarwal Packers and Movers etc -the opposite parties.

 

2.             The brief facts of the complaint are that the complainant had  undertaken transportation of car, Maruti Suzuki Zen, Estillo car with the vehicle  registration no. UP-33 S4028 (registered in the name of his father Sh.Lalje4e Gupta) from Varanasi (UP) to Kurukshetra (Haryana) with OP No.1 .The complainant has also paid Rs.15000/- in advance for the said services. It is further submitted that the car was booked on 11.6.2021 with the OP No.1 at Varanasi (UP). While booking the car, the repetitive of OP No.1 promised that the car will be delivered within seven days of the booking and assured of hassle free delivery and claim in case of any damage during transpiration will be provided by the OP No.1.  The OP No.1 representative from Panipat branch office has delivered the said car at the house of the complainant on 23.6.2021 around 6 PM after more than ten days.    Upon delivery of the car it was found that Stepney or spare tyre JK tyre (tornado) MAKE OF CAR IS MISSING. At the time when the car was  handed over to OP No.1 the  stepney or spare tyre was given a new one as mentioned in Car Inventory document signed by OpNo.1. 1 no.of front tyre JK (Tornado) make was damaged completely with sign of tyre cut by sharp object. This tyre was kept in place of stepney when car was delivered at Kurukshetra. When the car was handed over all the four tyres were new one.01 no. of front tyre, JK tyre  (tornado) make which was damaged found to be replaced with old tyre, MRF make which is completely worn.

 

                Besides, these damages other damages have also been caused to the car and luggage and complainant has stated that damages amounting to Rs.20,000/- have been caused to the vehicle of the complainant. The delivery was promised to be made at 7:30pm but it was not done so  and delivery was made much late and the complainant could not be able to made himself available and that’s why delivery was taken by Sh.Raj Singh Guard. The complainant asked the Ops and sent e-mail to the claims department of OP No.1 on 25.6.2021  for redressal of his grievance but the same was not made good. The complainant also sent letter dated 27.7.2021 regarding the damages while delivery of the car but nothing has been done which amounts to deficiency in services on the part of the Ops. Thus, the complainant has filed the present complaint alleging deficiency in services on the part of the OP and prayed that the Ops be directed to make the payment of Rs.20,000/- on account of damages caused to the car of the complainant alongwith interest and compensation for the mental harassment caused to him and the litigation expenses.

 

3.             Notice of the complaint was given to the Ops but the Ops failed to appear and contest the case. Therefore, Ops were proceeded against ex parte vide order dated 18.11.2021.

 

4.             The complainant in support of his case has filed his affidavit Ex.CW1/A and  tendered documents Ex.C-1 to Ex.C-8 and close his evidence.

 

5.             We have  heard the  complainant in person and have gone through the case file very carefully.

 

6.             As per the complainant, he was transferred from Varanasi to Kurukshetra and he had undertaken transportation of car, Maruti Suzuki Zen, Estillo car with the vehicle registration no. UP-33 S4028 (registered in the name of his father Sh.Lajje Gupta) from Varanasi (UP) to Kurukshetra (Haryana) with OP No.1. The complainant has also paid Rs.15000/- in advance for the said services. It is further submitted that the car was booked on 11.6.2021 with the OP No.1 at Varanasi (UP).While booking the car, the representative of OP no.1  promised that the car will be delivered within seven days of the booking and assured of hassle free delivery and claim in case of any damage during transportation will be provided by the OP No.1. The OP No.1’s representative from Panipat branch office has delivered the said  car at the house of the complainant on 23.6.2021 around 6 PM after more than ten days. Upon delivery, of the car, the complainant found that the stepney of the car was found missing. Stepney and spare tyre were new one. Front tyre of the car was found sign of tyre cut and the bumper was found cracked alongwith other damages to the car which amounts to Rs.20,000/-.The Ops failed to make the good loss caused to the complainant. The complainant lodged the claim with the OP vide e-mail dated 25.6.2021.The OPs admitted the loss of the car vide e-mail dated 25.6.2021 in  response of the e-mail of the complainant. Vide e-mail dated 10.7.2021, the complainant a gain reminded the OP that still no  response has been pointed out from the side of the Ops. Vide e-mail dated 22.7.2021 Ops disclosed that “your ticket has been created with the ticket ID 1052479” but nothing has been done.”  The complainant has placed on the file mark “D” estimate of damages showing the damages of Rs.10411/-. He has also placed on the file Mark “E” to Mark “I” showing photographs of the original and damage bumper and other parts which proves that actually  damages have been caused to the vehicle of the complainant as per correspondence between the parties through various e-mails as mentioned above, the OPs failed to make the good loss caused to the complainant. The entire version and documents put forwarded by the complainant completely goes unrebutted and unchallenged and it is proved that the complainant sent the car through transportation  of the Ops and the same was caused loss during transit and as such deficiency in services on the part of the Ops is established and the complainant is entitled to relief.

 

7.             In view of our above discussion and findings, we accept the present complaint and direct the Ops to make the payment of Rs.14,500/- i.e.  Rs.11000/-(for damages to the vehicle) + Rs.3500/- (for missing tyre)= total Rs.14,500/-  to the complainant alongwith interest @ 6% per annum from the date of filing of the present complaint; till its actual realization.  The Ops shall also pay the sum of Rs.10000/- to the complainant for the litigation expenses. The OPs are also directed to make the compliance of this order within a period of 30 days from the date of receipt of the copy of this order, failing which the complainant shall be at liberty to initiate proceedings u/s 71 of the Consumer Protection Act.  Certified copy of this order be sent to the parties concerned as per rules and the file be consigned to the record room after due compliance.

 

Announced in the open Commission.

Dated 29.12.2021.                                               President.

 

 

                                Member             Member.