DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: WEST TRIPURA : AGARTALA

 

CASE   NO:   CC- 376 of  2022

 

Sri Swarga Kumar Misra,

Gitachitta, Shyamalibazar,

Kunjaban Post Office,

P.S. N.C.C., Agartala,

West Tripura-799006. .......Complainant.

 

-VERSUS-

 

Best Idea Packers Ltd.,

B-46, 2nd Floor, KHASRA No.458,

Indira Enclave, Ignou Road,

Neb Sarai, Delhi, India 110068.    .......Opposite Party.

   

________PRESENT__________

 SRI GOUTAM DEBNATH

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION,

      WEST TRIPURA, AGARTALA. 

 

DR (SMT) BINDU PAL

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL COMMISSION, 

  WEST TRIPURA, AGARTALA.

 

SRI SAMIR GUPTA

MEMBER,

  DISTRICT CONSUMER  DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA. 

 

C O U N S E L

 

For  the  O.Ps : Ex-parte.

 

F I N A L    O R D E R

1. Sri Swarga Kumar Misra, the complainant has filed this case against the Best Idea Packers Ltd., here-in-after called the “O.P.” alleging inter alia that  on 27th April, 2022 the complainant handed over 49 packets to the O.P. for transportation of his house hold goods and one moter bike and one motor vehicle from Mumbai to Agartala and complainant paid Rs.1,68,150/- as transportation cost to the O.P. Although the complainant received 47 packets out of 49 packets but the house hold goods were badly damaged. The Legal Notice was issued on 21.06.2022 claiming compensation but to no good.

1.1 Hence, the complainant has filed this complaint claiming refund of Rs.1,68,150/- and Rs.30 lakhs as compensation and also litigation cost.

 

2. The O.Ps inspite of repeated chance failed to submit written objection and contest the case. As such vide order dated 15.03.2023 the case has been proceeding exparte against the O.P. and the case was fixed for evidence of the complainant. 

 

2.1 The O.P. being aggrieved preferred Appeal before the Hon'ble State Commission but Hon'ble State Commission vide order dated 03.07.2023 passed in case No- Appeal- 17 of 2023  dismissed the appeal. 

2.2 The O.P. preferred Revision before the Hon'ble National Commission. Hon'ble National vide order dated 28.03.2024 in Revision Petition No- 734 of 2024 was pleased to dismiss the Revision.

2.3 After that the O.P. did not appear and contest the case. However, the complainant submitted evidence on affidavit.

 

3. Hearing argument and on perusal of the complaint and the documents submitted by the complainant, we find that the complainant paid Rs.1,68,150/- to the O.P. for transportation of 49 packets of house hold goods, one motor cycle and also motor vehicle. The complainant ultimately received 47 packets of household goods and the motor cycle and also motor vehicle.  The O.P. caused damage to the motor cycle also. However, complainant does not claim any compensation for damaging the motor vehicle. The insured value of the house hold goods were Rs.12 lakhs meaning thereby the complainant can not claim ore than Rs.12 lakhs for the damage of house hold goods. However, 2 packets of house hold goods were not delivered to the complainant. However, the complainant has not mentioned any detail to the extent of damage item wise of the house hold goods and also has failed to mention the nature of house hold goods in 2 packets which were not at all delivered to him. According to the complainant he has suffered Heart Attack due to non delivery of goods item.

 

3.1 Considering all aspects we find deficiency in service on the part of the Opposite party. Hence, we allow a sum of Rs.5 lakhs to the complainant for damage to house hold goods and a further sum of Rs.1,50,000/- as compensation inclusive of litigation cost for deficiency in service on the part of the O.P. 

 

4. In the result, it is ordered that the O.P. shall pay the sum of Rs.6,50,000/- to the complainant with interest @ 7.5% P.A. from today till the date of actual payment, if the O.P. fails to pay this amount within 30 days from today.

5. The case stands disposed off. 

6. Supply copy of this Final Order free of cost to the parties.

 

Announced.

 

 

SRI  GOUTAM DEBNATH

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA

 

 

 

 

DR(SMT) BINDU PAL

MEMBER,

DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION,

WEST TRIPURA,AGARTALA.

 

 

SRI SAMIR  GUPTA

MEMBER,

DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION,

WEST TRIPURA,AGARTALA.