District Consumer Disputes Redressal Commission ,Faridabad.

Consumer Complaint  No.29/2022.

 Date of Institution: 18.01.2022.

Date of Order: 27.09.2022.

Ombir Singh son of Shri Jai Narain Singh resident of H.No. 944, Sector-6, Ballabgarh, Distt. Faridabad, Haryana – 121004.

                                                                   …….Complainant……..

                                                Versus

DHL Shifting Solutions, Pole No. 326, Bharthal Village, Dwarka, Sector-26, New Delhi.

                                                                   …Opposite party……

Complaint under section-12 of Consumer Protection Act, 1986

Now  amended  Section 34 of Consumer protection Act 2019.

BEFORE:            Amit Arora……………..President

Mukesh Sharma…………Member.

Indira Bhadana…………Member.

PRESENT:                   Complainant in person..

                             Opposite party ex-parte vide order dated 02.09.2022.

ORDER:  

                   The facts in brief of the complaint are that  the complainant on 11.12.2021 had booked service form opposite party company for shifting house hold articles from H.NO. 944, Sector-64, Ballabgarh, Distt. Faridabad  HR-121004

to RBS Quarters, Kanpur, U.P. for his son Sunil Kumar Chauhan.  The booking was initiated by employee of opposite party Mr. Abhay choudhary.  All articles were packed by opposite party employee and also make a list of the articles and initially the booking made on sharing basis by the company and the amount declared by the company was Rs.6500/- including all  taxes which was shown in total.  The booking includes the pickup articles form door and delivering at the destination address.  On 12.12.2021, the truck had arrived at complainant residence.  All the articles were being loaded by the company’s employee with proper checking of the all goods, no articles were broken at that time and all were in working condition.  Subsequently, a list of articles was being prepared by the company employee and a duplicate copy handed over the driver.  The amount of Rs.1000/- in cash and Rs.4000/- via UPI payment had been deposited in the company’s account.  The complainant had requested physical document  copy of original bill which was never delivered to the undersigned till date.  On the time of booking opposite party gave full assurance that his all articles were their responsibility to drop on his given address with proper take care, if in any case any good lost or broken  they gave all his losses by way of insurance cover.   The complainant made  all payments of his bill including the insurance of goods, taxes, GST etc. by way of online transfer.  The opposite party company undersigned issue an insurance policy from DHL shifting solution policy No. 1812 of amount of Rs.60,000/- for which a premium of rs.1800/- was paid by the complainant.  In mid-way of route, Mr. Anhay Choudhary (company’s employee) had demanded Rs.12,000/-.  The undersigned failed to understand that the initial contract of Rs. 6500/- and on sharing basis was beached by the company without any prior inform to the client.  The Household’s goods were never being delivered at the destination and kept at slum place for 02 days.  The company again violated  by not delivering

goods at the right time and right place. On requesting many times to the company for delivery of items, he company did not agree to deliver the items at the destination and neither informed him the location where the household goods were being kept..  On 14.12.2021, when the unauthorized amount Rs.12,000/- paid to the company, Mr. Abhay Choudhary had informed the address of place where the articles were being kept.   One call come to his complainant at evening from opposite party employee that his goods/articles were left in a warehouse in Kanpur and also told please take his goods from warehouse.  When his  complainant son goes to warehouse at  same day evening and also check the list accordingly some articles were lost and some were damaged.  The complainant had paid Rs. 2000/- extra for bringing his household at his house via other transportation. It’s opposite party/company duty to drop to complainant house hold goods in complainant given address in proper condition, according to list of goods/articles but opposite party can’t drop it, complainant give extra cartage to another transporter to take his goods to his residence. The aforesaid act of opposite party amounts to deficiency of service and hence the complaint.  The complainant has prayed for directions to the opposite parties to:

a)                pay the claim of Rs.2,00,000/- to the complainant with interest @ 18% p.a. from the date of filing  the date of accident till realization of amount of claim, in  the interest of justice.

 b)                Any other relief as this Hon’ble Forum may deem fit and necessary in the facts and circumstances of the case may also be passed.

2.                 Notice issued to opposite party not received back either served or unserved.  Tracking details filed in which it had been mentioned that “Item

Delivery Confirmed”.  Mandatory period of 30 days expired.  Hence, opposite party was proceeded against ext-parte vide order dated 02.09.22.

3.                The complainant led evidence in support of his respective version.

4                  We have heard learned counsel for the complainant and have gone through the record on the file.

5.                In this case the complaint was filed by the complainant against opposite party–  DHL Shifting /Solutions with the prayer to: a)      pay the claim of Rs.2,00,000/- to the complainant with interest @ 18% p.a. from the date of filing  the date of accident till realization of amount of claim, in  the interest of justice. b) Any other relief as this Hon’ble Forum may deem fit and necessary in the facts and circumstances of the case may also be passed.

                   To establish his case, the complainant  has led in his evidence, affidavit of  Ombir Singh., Tax invoice,, quotation, letter dated 15.12.21,, Driving licence,, Adhaar card of  Gajender, Vehicle Regn. No will be generated from the running series, Adhaar card of Ombir Singh,, postal receipt,, track consignment.

 6.               There is nothing on record to disbelieve and discredit the aforesaid ex-parte evidence of the complainant. Since opposite party has not come present to contest the claim of the complainant, therefore, the allegations made in complaint by the complainant go unrebutted. From the aforesaid ex-parte evidence it is amply proved that opposite party has rendered deficient services to the complainant. Hence the complaint is allowed against opposite party.

7.                Opposite party is directed to pay  the amount which was paid by the complainant to the opposite party   alongwith interest @ 6% p.a. from the date of filing of  complaint till its realization.     Opposite party is directed to pay Rs.2200/- as compensation for causing mental agony  & harassment.  No litigation charges will be given to the complainant as the complainant himself is persuing the case. Compliance of this order  be made within 30 days from the date of receipt of copy of this order.   Copy of this order be sent to the parties concerend free of costs.  File be consigned to the record room.

Announced on:  27.09.2022                                 (Amit Arora)

                                                                                  President

                     District Consumer Disputes

           Redressal  Commission, Faridabad.

                                                (Mukesh Sharma)

                       Member

          District Consumer Disputes

                                                                    Redressal Commission, Faridabad.

                                                   (Indira Bhadana)

                       Member

          District Consumer Disputes

                                                                    Redressal Commission, Faridabad.