DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi- 110016

Case No.334/2021

Gajanan Priyadershi Bisoi

House No.155 Block No.11,

Rastrapati Bhavan Staff Quarters

Kalibari Lane,

(Landmark near RML Hospital Gate No.6)

New Delhi-110001.

….Complainant

Versus

1. Mr. Deepak Sharma, Manager Representing For Aggarwal Car Movers and Packers Company.

Plot No.173, Palam Vihar Extension

Gurgram, Haryana 122022

       ….Opposite Party

 Date of Institution    :   26.11.2021    

 Date of Order            :   07.09.2024    

Coram:

Ms. Monika A Srivastava, President

Ms. Kiran Kaushal, Member

Present:  Adv. Anubhav Tyagi for complainant.

                None for OP.

ORDER

Member: Ms. Kiran Kaushal

1.       Briefly put, complainant booked services of Aggarwal Car Movers and Packers (OP) to transport his car on 14.10.2020 from New Delhi to Odisha (Bhubaneswar).

2.       It is stated that complainant as per the whatsapp chat and telephonic conversation was to pay Rs.11,000/- including insurance, toll and miscellaneous charges. The said amount was to be paid in two phases, 50% on pick-up of the vehicle and remaining 50% was to be paid on delivery of the vehicle to the complainant. It is next stated that OP also agreed to transport some old used clothes inside the car and was not to charge any extra amount regarding the same.

3.       It is further stated that OP sent his executives to pick-up the vehicle from complainant’s house on 24.10.2020 and 50% of the payment i.e Rs.5,500/- was paid to OP via UPI transfer. There was no contact from OP’s side on 25.10.2020 and 26.10.2020. No live location of the delivery status was sent to the complainant as promised at the time of deal.

4.       On 27.10.2020, Complainant received an invoice of Rs.31,613/-from OP. Complainant on enquiry was informed that OP charged extra for the clothes inside the car, insurance of the car, bilty and e-way pass charges. Complainant told OP that they have included all these charges at the time of asking for initial payment to which OP responded that the complainant will have to pay the extra amount only then the car would be delivered at the address of  Bhubaneswar.

5.       After consistently corresponding with OP and having the fear of misusage of the car in criminal activities, complainant agreed to pay the final demand of Rs.23,000/-  on 02.11.2020 raised by OP. It is stated that after having paid Rs.28,500/- in total, complainant’s vehicle was delivered 25 Kms away from the delivery location in Bhubaneswar by the truck driver of OP. Complainant on 06.11.2020 sent an email requesting OP to refund the excess amount charged but to no avail.

6.       Alleging deficiency of service and unfair trade practice, it is prayed that OP be directed to refund the excess amount charged and further award compensation of Rs.1,25,000/- for the loss, harassment and mental agony.

7.       Despite due service none appeared on behalf of OP therefore OP was proceeded exparte vide order dated 18.08.2022. Exparte evidence and written submissions have been filed on behalf of complainant. Submissions made are heard. Material placed on record is perused.

8.       Complainant  in support of his complaint has filed  the whatsapp chats between the parties and proof of Rs.5,500/- and Rs.23,000/- payment made to OP.

9.       The terms of agreement which were made prior to transporting the car are as under –

Hello Sir

Welcome to Agarwal Car Movers and Packers Company

Car Transport

Delhi to Bhubaneswar

Transportation 11000/-

Delivery Time 4 Day

Door Pickup Door Delivery Services

By Car Carrier

Packing, Unpacking

Loading, unloading

Delivery safe Condition 100%

Insurance Our Company

10.     Post pick up of the complainant’s vehicle OP sent a detailed bill which is reproduced as under -

12.     Perusal of the promise made by OP prior to the car being delivered shows that the car was to be transported from Delhi to Bhubaneswar within four days and the charges reflected thereupon are Rs.11,000/-. The said promise inter alia also includes that the insurance would be provided by OP for the vehicle to be delivered in 100 % safe condition.

13.     In light of the fact that the car was transported in a truck and no specific mention has been made in the initial promise regarding the car carrying the household goods,  this Commission is of the opinion that OP is entitled to charge extra only for the same. We are of the considered view that OP has indulged in unfair trade practice by charging more than Rs 11,000/-(initial payment for transportation) plus Rs. 4000/-(household goods transportation charges).

14.     In light of the discussion above, OP is directed to refund Rs13,500/-with interest  @6% p.a from the date of payment i.e 02.11.2020 within 03 months from the date of order, failing which OP shall pay @8% on the above stated amount till realization.

15.     Additionally OP is directed to pay Rs 10,000/- for mental agony and harassment to the complainant.

Parties be provided copy of the judgment as per rules. File be consigned to the record room. Order be uploaded on the website.