This is a complaint made by one Sri Debashish Duttagupta, C2-204, Greenwood Regency, Sarjapur Road, Bangalore-560 035 against Allied Relocations, 222, Jodhpur Park, P.S.-Lake, Kolkta-700 068, praying for (a) direction upon the OP to pay a sum of Rs.2,24,000/- to the Complainant along with interest @18%p.A., (b) a direction upon the OP to pay Rs.10,000/- for unfair trade practice, (c) a direction upon the OP for a compensation of Rs.1,00,000/- and (d) direction to pay Rs.10,000/- as litigation cost.
Facts in brief are that OP is carrying on a business of transportation of house hold goods including cars. OPs office is situated at the Jodhpur Park under P.S.-Lake. Complainant is the owner of a Maruti Alto Car having Registration No.WB-02T-8116 which he purchased in 2005 and got it registered before the registering authority. Complainant is working in RHI (India) Pvt. Ltd. and was residing at Kolkata. Thereafter, he was transferred to Bangalore by the said Company.
Complainant on 22.3.2015 approached the OP for the purpose of transportation of the aforesaid Maruti Alto Car with some packages containing his personal effects. Accordingly, the consignment was booked on payment of Rs.13,350/-, copy of the said consignment money receipt dated 22.3.2015 are filed.
Complainant submits that after full payment, OP was transporting his personal effects and his car.
Further, Complainant states that O.P.s container developed some defects. Complainant’s personal effect and car were to be shifted to other container and during that process when one of the personnel of the OP was driving met into an accident. Complainant received this information and went to the place where the accident took place. Complainant incurred Rs.90,000/- for repairing his car at Varun Motors Pvt. Ltd. Thereafter, Complainant approached another transport company, Agarwal Packers and Movers, for the purpose of transporting the said vehicle and had to incur an amount of Rs.14,000/-. Complainant has submitted that it was the duty of the OP to transport his personal effects, car in a safe and secured condition which they did not do. So, Complainant filed this case.
OPs filed written version and denied the allegations of the complaint. OPs have stated that the accident occurred at 11.30 p.m. of 27.3.2015 at National Highway and the driver informed the Complainant within a couple of hours by two e-mails. Further, OP has stated that they approached Varun Motors and in the complaint and OP had already obtained the estimate and Complainant informed that the insurance value was Rs.50,000/-.
Complainant visited Vishakhapatnam on 2.6.2015 when the car was duly repaired and was handed over to another transporter. Complainant stayed at a hotel for four days and the total cost of hotel bills was Rs.28,883/- and not Rs.70,000/- and all the bills were paid through Corporate account. The Complainant’s claims are false and misleading and so OP has prayed for dismissal of the claim.
Decision with reasons
Complainant has filed affidavit-in-chief wherein he has reiterated the facts mentioned in the complaint petition. Against this affidavit-in-chief OP has filed questionnaire to which Complainant has filed affidavit-in-reply. Similarly, OP has filed affidavit-in-chief to which Complainant has filed questionnaire to which OP has filed affidavit-in-reply.
Main point for determination is whether Complainant is entitled to the reliefs which he has sought for in the Complaint petition.
First relief of Complainant is a direction upon the OP to pay a sum of Rs.2,24,000/- to the Complainant along with interest @ 18% p.a. from April, 2015.
On perusal of the complaint petition, it appears that Complainant has detailed his travelling charges from Bangalore to Vishakhapattnam on flight Rs.50,000/-, expenses of stay at Vishhkhapattanam for 10 days Rs.70,000/-, for repairing of car Rs.90,000/- and for transportation of car from Bangalore to Vishakhapattanam Rs.14,000/-.
It also appears that the car was under insurance cover. On perusal of the Annexure A (Page 23) it appears that Complainant visited on 2.6.2015 to Vishakhapattanam and returned Vishakhapattanam on 5.6.2015 for which he spend Rs.11,608/- air fare. It appears from the averment of the Complainant that the accident took place before 2.4.2015 because on 2.4.2015 Complainant got information about the accident. So, the question arises as to what was the purpose of the Complainant visiting Vishakhapattanam on 2nd June. Further, it appears that Complainant has filed a Xerox copy of bill to the tune of Rs.11,006/- for his hotel stay from 2nd to 5th June. Again he has filed an air ticket by which he visited on 8th September to Vishakhapattanam and he paid Rs.2,250/-. Further, it appears that he has filed Xerox copy of the hotel bill to the tune of Rs.9,693/- from 8th September to 11th September. In addition to this, Complainant has filed copies of so many tickets of 28.4.2015, 2.5.2015, 1.5.2015 and total bill of Rs.8,184/- which appear to be relevant.
Further, he has filed Xerox copy of the receipt of Agarwal Packers and Movers. So, it appears that considering the documents filed by the Complainant, it appears that Complainant invested around Rs.25,000/- in coming and going to the place where the accident took place.
As such, we are of the view that if Rs.40,000/- is awarded to the Complainant as the expenditure made and Rs.15,000/- as compensation and Rs.10,000/- as litigation cost by which all justice would be served.
Hence,
ordered
CC/130/2016 is allowed in part on contest. OPs are directed to pay Rs.65,000/- to the Complainant within three months of this order, provided Complainant files original vouchers.
