ORDER

SMT.SHARAVATHI S.M.  MEMBER

1.     This is the complaint filed by the complainant U/S Section 35 of the Consumer Protection Act 2019, against the opposite party (herein referred in short as OP) alleging the deficiency in service in not transporting the goods entrusted from Hyderabad to Bangalore, even though OP has received the full transportation charges of Rs.28,225/- and for refund of the cost paid and Rs.50,000/- as damages for causing deficiency in service, mental harassment and agony and for other reliefs as the commission deems fit.

2.     The brief facts of the complaint are that; the complainant entrusted the shifting of house hold articles as per the Invoice to the OP for shifting from Hyderabad to Bangalore and to store the same with it till the end of August 2021.  OP delivered the said articles two days late then agreed, and some of the items were missing and some of the items delivered, was damaged. One computer table, gas stove, small cylinder, full length mirror, kitchen container, double bed top ply and screws, coffee table, washing machine inlet pipe were missing.  The same was insured with consignment No.1325 dated 27.02.2021. But did not receive the loss caused, inspite making several efforts. OP is unprofessional and unethical.  The short coming and imperfection of the OP was informed to them. However, they did not take proper action.  They failed in their duty to provide good service. Hence, she had to issue a legal notice demanding the refund of Rs.28,225/- and compensation of Rs.50,000/-. 

3.     Upon the service of notice, OP did not appear before the commission and hence placed exparte.

4.     In  order to prove the case,  complainant filed her affidavit evidence and produced documents. Arguments Heard. The following points arise for our consideration:-

1. Whether the complainant has proved deficiency in service on the part of the opposite party?
2. Whether the complainant is entitled to the relief prayed for in the complaint?

5.     Our answers to the above points are:-

POINT NO 1 & 2 : IN THE NEGATIVE

                             For the following:

REASONS

POINT NO.1 & 2:-

6.     From the evidence and documents produced by the complainant, the complainant entrusted some house hold articles to the OP to be transported from Hyderabad to Bangalore and it is clear from the same (Ex P1) that the complainant has paid Rs.28,225/- being the transportation charges, insurance premium, GST, Tax, storage charges.  But it is to be considered here that what are the materials that the complainant had entrusted to the, OP for transportation is not forthcoming. Only in the complaint as well as in the notice to the OP through his advocate it is mentioned that one computer table, gas stove small cylinder, full length mirror kitchen container, double bed top ply, and screws, coffee table washing machine inlet pipe were not delivered, whereas the consignments though delivered were damaged.  Ex P4 is the copy of the email correspondences. Complainant has also produced the photographs to show that some of the articles have been broken. The SMS correspondence is also produced it shows that some of the items have been traced in the godown and probably during the transportation or storing those items were missing and as per the SMS the same were traced.

7.     It is not made clear as to what are all the items that were damaged what are all the cost of the said materials and whether the said materials can be repaired or not or it cannot at all be used. The evidence and documents produced are not sufficient enough for this commission to assess the damage as also the value of the goods that was entrusted to OP for transportation and also further the details of the goods that were entrusted so as to come to a proper decision as to for what amount the complainant is entitle to towards the damages.  In view of the absence of evidence, we are not in a position to assess the damage though from the correspondence it can be held that there is deficiency in service. In view of the insurance available obtained at the time of transportation, for which complainant has paid Rs.5,000/- for the goods of worth of Rs.1,00,000/-, we direct the complainant to claim the damages with the said insurer. Hence for want of evidence we hold POINT NO.1 AND 2 IN THE NEGATIVE and pass the following:

ORDER

1. The complaint is hereby dismissed. No order as to cost.
2. Send a copy of this order to both parties free of cost.            

     Note: You are hereby directed to take back the extra copies of the Complaints/version, documents and records filed by you within one month from the date of receipt of this order.

(Dictated to the Stenographer over the computer, typed by him, corrected and then pronounced by us in the Open Forum on this day the 13^th day of OCTOBER 2022)

MEMBER                   MEMBER             PRESIDENT

ANNEXURES

1. Witness examined on behalf of the Complainant/s by way of affidavit:

Copies of Documents produced on behalf of Complainant/s:

Ex P1: Copy of the Tax Invoice.

Ex P2: Copy of the consigner copy in respect of insurance

Ex P3: Copy of the legal notice.

Ex P4: Copy of the Email correspondence.

Ex P5: Photographs of the damaged goods received.

Ex P6: Copy of the whatsapp conversations

Ex P7: Certificate u/s 65B of the Indian Evidence Act.

2. Witness examined on behalf of the Opposite party/s by way of affidavit:

RW-1: - Nil-

Copies of Documents produced on behalf of Opposite Party/s

- Nil-

MEMBER                   MEMBER                  PRESIDENT

RAK*