O R D E R
(By Sri V.V.L. Narasimha Rao, President[FAC] on behalf of the Bench)
1. The present complaint is filed by the complainant U/Sec. 12 of C.P. Act on 08.06.2012 and requested the Forum to direct the opposite parties 1 & 2 [1] to pay the expenditure for repairing Television set Rs. 7,000/- [2] to pay the expenditure for repairing the part of Refrigerator Rs. 4,500/- [3] to pay Rs. 3,500/- towards loss of kitchen articles [4] to award compensation of Rs. 10,000/- for causing mental agony and inconvenience to himself and his family members [5] to award costs for legal expenditure.
2. The brief averments are as follows: The complainant is working in Andhra Bank and resident of Bangalore. In the month of December, 2011 he has been transferred from Bangalore to Kakinada, A.P. State. To transport his house hold articles having heard about the opposite party business, he approached the opposite parties for transporting his house hold articles. The complainant has paid an amount of Rs. 20,000/- to the 1st opposite party and the employees of 1st opposite party and given consignment note dated 24.12.2011 vide invoice / bill No. 2252 to the complainant. There is a secured policy bearing No. 107 in the said invoice / bill for transportation of the consignment undertaken by the opposite parties.
3. The opposite parties employees have applied consignment articles from Bangalore to Kakinada where in a local guardian of Kakinada [Babu Packers and Movers] has been kept with the consignment while transporting the articles. At the time of delivering the articles came to know that some 3rd party consignment has been kept in the consignment while transporting the complainant’s house hold articles. The Sony Television make 26 inches which was in packed condition, after removing from the package it was not working. While so, along with the television, refrigerator, glass and other cups and successors were in broken state. In wooden part also broken. The 1st opposite party people has delivered the articles delivered in bad state even after receiving amount of Rs. 25,000/- from the complainant.
4. The complainant got the television repaired the local repairer it was estimated Rs. 7000/- and odd. Besides television repair & cot were also repaired. The repairs of refrigerator and cot is Rs. 4,500/-. The estimation of house hold articles is valued about Rs. 3,500/-. Hence there is deficiency of service on the part of opposite party. The complainant got issued legal notice on 02.02.2012 to opposite parties. The 1st opposite party received notice on 09.02.2012 and kept quiet. Thereby the present complaint filed by the complainant before this Forum seeking reliefs as sought for.
5. The notices served to the opposite parties. On 01.11.2012 as the complainant has not shown interest for sending the notice to 2nd opposite party the complaint against 2nd opposite party is dismissed. The complainant got issued paper publication for appearance of 1st opposite party and on 27.03.2015 the 1st opposite party was set exparte.
6. On perusing the pleadings and the documentary evidence of the complainant the Forum framed the following points for consideration.
1] Whether there is deficiency of service on the part of 1st opposite party?
2] To what relief?
7. The complainant submitted his evidence affidavit and on his behalf of Ex.A1 to A8 were marked. The complainant adduced his arguments.
8. Point No.1 & 2: The present complaint filed by the complainant claiming the repair charges occurred for the Television set, Refrigerator along with the kitchen articles including compensation for causing mental agony.
9. Ex. A1 is the consumer copy dated 24.12.2012 vide consignment note 2252 for transporting the complainant articles from Bangalore to Kakinada, A.P. State. In that said Ex.A1 it was mentioned the household articles about 95 packs. The amount was paid. Ex.A2 is the 2 pages details of transportation of house hold articles and furniture. Ex.A3 is quotation for packing and moving the articles which shows an amount of Rs. 25,000/- fixed transporting the vehicle and paid which was acknowledged by 1st opposite party. Ex. A4 is the legal notice dated 02.02.2012 served to the Ops claiming Rs. 20,000/- compensation for causing inconvenience articles damaged condition. Ex.A5 & A6 are acknowledgment cards pertaining to the Ex.A4. Ex.A7 is the invoice / cash bill dated 07.02.2012 related to the repair done to the Television set an amount of Rs. 7,561/-. Ex.A8 is the invoice / bill dated 30.12.2011 for estimation of the Godrej refrigerator for repair an amount of Rs. 1950/-. Along with the estimation paper there is a receipt given by the Southern Agencies dated 03.12.2011 which shows the refrigerator which was given to the M/s. Southern Agencies with unconditioned manner.
10. Though the complainant has stated that his television set, refrigerator and cot including other kitchen articles were damaged the complainant has shown only 2 documentary proofs for repairing the television set vide Ex.A7 and repairing refrigerator vide Ex.A8.
11. Ex.A2 details of the house hold articles vide serial No. 25 in 2nd page discloses that the complainant has sent the Sony Television in transportation. In Ex.A2 house hold articles vide serial No. 1. Similarly in Ex.A3 house hold articles the refrigerator clause was marked with a ball point pen.
12. Observing the Ex.A3 estimation, Ex.A1 consignment note along with Ex.A2 details of articles and Ex.A7 & A8 documents the complainant has to sent the Sony Television and refrigerator along with other house hold articles from Bangalore to Kakinada, A.P. Wherein, in that transmission of transportation of articles refrigerator and the television set were damages for the complainant has spent Rs. 9,511/- i.e. Rs. 1950/- for refrigerator repair + 7561/- for television set repair.
13. Hence on perusal of Ex. A3, Ex.A1 issued by 1st opposite party along with Exs. A2, A7 & A8 we are conclusive opinion that there is deficiency of service on part of opposite parties in transporting the house hold articles pertaining to the complainant in negligent manner.
14. As per No.13 supra, we came to conclusion that there is deficiency of service on the part of 1st opposite party in transporting the house hold articles of the complainant. Now we have to determine to what extent of reliefs the complainant is entitled.
15. On perusal of Ex.A3, Ex.A2, Ex.A7 & Ex.A8 we are off conclusive opinion is that the 1st opposite party is liable to pay an amount of Rs.9,511/- along with interest @ 12% p.a. from 07.02.2012 [i.e. date of Ex.A7] to the complainant for damaging his refrigerator and television set. As the 12% interest is awarded to the complainant from the date of Ex.A7 we hold the complainant has not entitled for compensation except costs for legal expenditure Rs. 3,000/-. According point Nos. 1 & 2 are answered.
16. In the result, the complaint is allowed in part. The complaint against 2nd opposite party is dismissed. The 1st opposite party is liable to pay an amount of Rs.9,511/- [ Rupees nine thousand five hundred and eleven only] along with interest @ 12% p.a. from 07.02.2012 to the complainant. The 1st opposite party is liable to pay an amount of Rs. 3,000/- [ Rupees three thousand only] to the complainant towards costs for legal expenditure. Time for compliance of this order is 30 days from the date of the receipt of this order.
Dictation taken by Steno, transcribed by her, corrected and pronounced by us, in open Forum, this the 30th day of June, 2015
Sd/-xxxx Sd/-xxxxx
MEMBER PRESIDENT [FAC]
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For complainant :
Sri Komarina Srihari
For opposite party : NIL
DOCUMENTS MARKED
For complainant:-
Ex. A1 24.12.2012 Consumer copy vide consignment note 2252 for transporting the complainant articles from Bangalore to Kakinada, A.P. State.
Ex.A2 Details of transportation of house hold articles and furniture.
Ex.A3 Quotation for packing and moving the articles which shows an amount of Rs. 25,000/-
Ex. A4 02.02.2012 Legal notice served to the opposite parties claiming Rs.20,000/- compensation for causing inconvenience
articles damaged condition
Ex.A5 Acknowledgment
Ex.A6 Acknowledgment
Ex.A7 Invoice / cash bill of Rs. 7,561/-
Ex.A8 Invoice / bill of Rs. 1950/-
For opposite parties:- NIL
Sd/-xxxx Sd/-xxxxxxx
MEMBER PRESIDENT [FAC]
