Garg Domestic & International Packers & Movers, 168/3, P.W.T., Mani Majra, Chandigarh, through is Proprietors Sh. Rishi Pal Garg & Vikas Garg.

……Appellant/Opposite Party

V e r s u s

Dr.Swapan Kumar Chakrabarti, House No.81, The High Land Society, Baltana, P.O. Zirakpur, District Mohali.

 Appeal under Section 15 of the Consumer Protection Act, 1986.

BEFORE:  

Argued by:

PER JUSTICE SHAM SUNDER (RETD.), PRESIDENT

“In view of the above discussion, the present complaint is allowed and the opposite party is directed as under :-

(i)    to pay the amount of Rs.7,02,139/- as assessed by the surveyor in his report (C-11)

(ii)   to pay Rs.50,000/- as compensation for mental agony and harassment.

(iii)  to pay Rs.7,000/- as litigation expenses

This order be complied with by the opposite party, within 45 days from the date of receipt of its certified copy, failing which the amounts at Sr.No.(i) & (ii) shall carry interest @18% per annum from the date of this order till actual payment, besides payment of litigation costs.”

2.           Bangalore.  He availed of the services of the Opposite Party, for shifting his household goods, and a car. According to the complainant, the goods as also the car, were booked by the Opposite Party, on 29.04.2012, vide consignment notes No.35 and 36 respectively, for safe transportation to Bangalore.  The total amount to be paid was Rs.59,000/-, out which the complainant paid a sum of Rs.47,000/- and the balance amount of Rs.12,000/- was to be paid at Bangalore, on delivery of the said goods and car. It was stated that, on the night intervening 02.05.2012/03.05.2012, the truck bearing registration number HR-67A-2479, carrying the goods of the complainant, caught fire, at Panipat, which was controlled after great efforts.  F.I.R. No.332 dated 05.05.2012 Annexure C-8, was lodged with the Police at Police Station Panipat, Haryana. The complainant also supplied the list of items/goods, which were in the said truck, and stood destroyed in the fire, to the Opposite Party. 

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13.        for filing vakalatnama, written reply, alongwith evidence, by way of affidavit(s), and hearing the arguments of the parties.

14.        The parties are directed to appear, before District Forum (II) on

15.      The District Forum record, alongwith a certified copy of the order, be sent back to it, immediately, so as to reach there, well before the date and time fixed i.e.

16.  The file be consigned to Record Room, after completion

Pronounced.

April 9, 2014

Sd/-

[JUSTICE SHAM SUNDER (RETD.)]

PRESIDENT

Sd/-

(DEV RAJ)

MEMBER

Sd/-

(PADMA PANDEY)

Rg