Sri Ranjan Ray, Ld. Member

FINAL ORDER/ JUDGEMENT

This complaint under the provision of the C.P. Act, 1986 was initially filed against the Opposite Parties (O.P.s) – 1) Express Packers & Movers Pvt. Ltd., 3/15, Lake View Park, Bonhoogly, Kolkata- 700108, West Bengal, 2) Sri Rajech Kumar, Director, Express Packers & Movers Pvt. Ltd., 3/15, Lake View Park, Bonhoogly, Kolkata- 700108, West Bengal and 3) Sri Dalbeer Singh, Express Packers & Movers Pvt. Ltd., 3/15, Lake View Park, Bonhoogly, Kolkata- 700108, West Bengal and as per Order No.- 09, dated 18.03.2021 the O.P.s were declared ex-parte.

                        The brief fact of the complaint of the complainant is as follows-

The complainant being intended to shift his residence from Kolkata to Siliguri, came in contact with the O.P. No.2 and 3 and after negotiation he made a contract with the O.P.s to shift his all household articles from Kolkata to Siliguri with a total cost of Rs. 38,000/- (Rupees Thirty Eight Thousand) only including packing of articles, transportation for household (door to door), loading and unloading charges along with transit insurance premium/ carrier risk charges. Subsequently, to start the work, the O.P. company provided their bank details to the complainant by writing a letter for transferring the contract amount to them and accordingly on 26.09.2019 the complainant paid Rs. 30,000/- (Thirty Thousand) only to the O.P. company through NEFT. The complainant handed over and entrusted all his household articles to the O.P company for packing and transportation from Kolkata to Siliguri, as per list, within 24 hours from the date and time of loading of all household articles. The household articles were loaded in Kolkata on 26.09.2019 and unloaded at Siliguri on 29.09.2019 which took extra two more days to reach in Siliguri and for that reason one representative of the complainant kept waiting for extra two days in Siliguri which had an extra cost and burden upon the complainant. The complainant also paid Rs. 9,000/- (Rupees Nine Thousand) only to the labourers of the O.P. company as they were insisting the representative of the complainant for the payment of Rs. 9,000/- (Rupees Nine Thousand) only in cash as a pre-condition for unloading the said household articles.

 Thereafter, after reaching in Siliguri on 05.10.2019 the complainant started to unpack his said household articles and found that one of the 32 inch. T.V. set valuing Rs. 20,000/- (Rupees Twenty Thousand) only and was missing and he intimated the matter to the O.P. company through e-mail on 05.10.2019. Apart from this he also found that some 05 (Five) pieces of Gaddas/ Blankets valuing Rs. 10,000/- (Rupees Ten Thousand) was missing, 01 (One) marble temple set valuing Rs. 15,000/- (Rupees Fifteen Thousand) and 01 (One) marble table stand valuing Rs. 5,000/- (Rupees Five Thousand), 01 (One) T.V. stand valuing Rs. 20,000/- (Rupees Twenty Thousand) only, 01 (One) wooden rack leg valuing Rs. 15,000/- (Rupees Fifteen Thousand) only and 01 (One) large mattress valuing were completely damaged due to improper packing, handling and transportation. Accordingly, on 11.10.2019 the complainant giving details of missing articles and including photographs of such damaged articles including the total missing articles value of Rs. 1,00,000/- (Rupees One Lakh) only to the O.P. company and requested to make payments of said amount towards the losses and damages but the O.P. company did not make any response.  On 11.11.2019 the complainant sent one legal notice to the O.P.s but the O.P.s remains kept silence. Finally, having no other alternative the complainant lodged this complainant.   

The prayers of complainant are as follows :  

1. To pass an order directing the O.P.s to pay the amount of Rs. 5,00,000/- (Rupees Five Lakh) only at least including a sum of Rs. 1,00,000- (Rupees One Lakh) only which the complainant spent for purchasing the said missing and damaged articles.
2. To pass an order directing the O.P.s to pay Rs. 2,00,000/- (Rupees Two Lakh) only to the complainant for physical harassment, negligence and deficiency in services of the O.P.s.
3. To pass an order directing the O.P.s to pay Rs. 1,00,000/- (Rupees One Lakh) only for mental pain and agony.
4. Interest and pendente lite interest @ 18% per annum on the aforesaid amount, till realization.
5. Cost of the proceedings.
6. Any other relief/ relieves as this Ld. Commission may deem fit and proper.

List of Documents filed by the complainant:

1. Original and photocopy of quotation for packing, transportation, loading unloading and insurance charges along with letter.
2. Original and photocopy of consignment note with packing details and item details.
3. Download and photocopy of bank statement showing the payment of Rs. 30,000/- (Rupees Thirty Thousand) only by the complainant to the O.P.
4. Photocopy of e-mails.
5. Printed as well as photocopy of photographs showing the damage of articles.
6. Photocopy of legal notice dated 11.11.2019 with postal receipt.
7. Original and photocopy of A/d cards received from the postal department.

Regarding this instant case, the O.P.s refused to receive the notice and as per Order No.- 09, dated 18.03.2021 the O.P.s were declared ex-parte.

Having heard, the Ld. Advocate of the complainant and on perusal of the Complaint and documents filed by the complainant the following points are taken to be decided by this Commission.

POINTS FOR CONSIDERATION

1) Whether the complainant is a consumer?

2) Whether the case is maintainable under the CP act 2019?

3) Whether this Commission has its jurisdiction to decide this case? 

4) Whether there is any deficiency in service in the part of the O.P. as alleged by the complainant?

5) Is the complainant is entitled to get any award and relief as prayed for? If so, what extent?

DECISION WITH REASONS

All the points are taken up together for consideration and decision.

Seen and perused the complaint petition filed by the party which is supported by the affidavit, documents filed by the parties. We are also heard arguments the complainant in full length.

The complainant resides in the jurisdiction of P.O. & P.S.- Siliguri, Dist.- Darjeeling. Thus, the Commission has no doubt that the complainant is a very much consumer as per the Consumer Protection Act- 2019 and also there is no doubt that this Commission has its territorial jurisdiction to decide this case.

At the time of argument Ld. Advocate of the Complainant submits that the Complainant has been able to prove its case against the O.P.s not only through his Written Deposition but also by producing documents.

As per evidence of the complainant it is very much clear that the complainant being intended to shift his residence from Kolkata to Siliguri, came in contact with the O.P. No.2 and 3 and after negotiation he made a contract with the O.P.s to shift his all household articles from Kolkata to Siliguri with a total cost of Rs. 38,000/- (Rupees Thirty Eight Thousand) only including packing of articles, transportation for household (door to door), loading and unloading charges along with transit insurance premium/ carrier risk charges. Subsequently, to start the work, the O.P. company provided their bank details to the complainant by writing a letter for transferring the contract amount to them and accordingly on 26.09.2019 the complainant paid Rs. 30,000/- (Thirty Thousand) only to the O.P. company through NEFT. Thus, this Commission does not hesitate to hold that the complainant is a very much consumer in this case.  

The complainant handed over and entrusted all his household articles to the O.P company for packing and transportation from Kolkata to Siliguri, as per list, within 24 hours from the date and time of loading of all household articles. The household articles were loaded in Kolkata on 26.09.2019 and unloaded at Siliguri on 29.09.2019 which took extra two more days to reach in Siliguri and for that reason one representative of the complainant kept waiting for extra two days in Siliguri which had an extra cost and burden upon the complainant. The complainant also paid Rs. 9,000/- (Rupees Nine Thousand) only to the labourers of the O.P. company as they were insisting the representative of the complainant for the payment of Rs. 9,000/- (Rupees Nine Thousand) only in cash as a pre-condition for unloading the said household articles.

 Thereafter, after reaching in Siliguri on 05.10.2019 the complainant started to unpack his said household articles and found that one of the 32 inch. T.V. set valuing Rs. 20,000/- (Rupees Twenty Thousand) only and was missing and he intimated the matter to the O.P. company through e-mail on 05.10.2019. Apart from this he also found that some 05 (Five) pieces of Gaddas/ Blankets valuing Rs. 10,000/- (Rupees Ten Thousand) was missing, 01 (One) marble temple set valuing Rs. 15,000/- (Rupees Fifteen Thousand) and 01 (One) marble table stand valuing Rs. 5,000/- (Rupees Five Thousand), 01 (One) T.V. stand valuing Rs. 20,000/- (Rupees Twenty Thousand) only, 01 (One) wooden rack leg valuing Rs. 15,000/- (Rupees Fifteen Thousand) only and 01 (One) large mattress valuing were completely damaged due to improper packing, handling and transportation. Accordingly, on 11.10.2019 the complainant giving details of missing articles and including photographs of such damaged articles including the total missing articles value of Rs. 1,00,000/- (Rupees One Lakh) only to the O.P. company and requested to make payments of said amount towards the losses and damages but the O.P. company did not make any response.   

Regarding this instant case, the O.P.s refused to receive the notice and as per Order No.- 09, dated 18.03.2021 the O.P.s were declared ex-parte.

In support of his claim amount, the complainant did not produce any documents as evidence.   

So, as per the above discussion this Commission has no doubt that there was a deficiency of services from the part of the O.P. The O.P.s are jointly and severally liable in this case. The O.P.s are directed to refund the payment amount of Rs. 30,000/- (Thirty Thousand) only which they received on 26.09.2019 from the complainant through NEFT along with a simple interest @ 7.5% per annum from the date of packing, i.e., from 19.09.2019 by an Account Payee cheque in favour of the complainant within 45 (Forty Five) days from the date of this order. After expiry of 45 (Forty Five) days the award will carry 10% simple interest per annum till the realization of entire amount. The complainant is also entitled to get Rs. 25,000/- (Rupees Twenty Five Thousand) only for mental pain and agony and Rs. 15,000/- (Rupees Fifteen Thousand) only for litigation cost and the O.P.s are also directed to deposit Rs. 15,000/- (Rupees Fifteen Thousand) only to Consumer Legal Aid Account of this Commission.   

Hence, it is,

ORDERED

That the Consumer Case No. 14/2020 be and same is allowed on ex-parte against the O.P. Company (Express Packers & Movers Pvt. Ltd.) with cost. In this case the O.P.s are jointly and severally liable.

The O.P.s are directed to refund the payment amount of Rs. 30,000/- (Thirty Thousand) only which they received on 26.09.2019 from the complainant THROUGH NEFT along  with a simple interest @ 7.5% per annum from the date of packing, i.e., from 19.09.2019 by an Account Payee cheque in favour of the complainant within 45 (Forty Five) days from the date of this order. After expiry of 45 (Forty Five) days the award will carry 10% simple interest per annum till the realization of entire amount. The complainant is also entitled to get Rs. 25,000/- (Rupees Twenty Five Thousand) only for mental pain and agony and Rs. 15,000/- (Rupees Fifteen Thousand) only for litigation cost and the O.P.s are also directed to deposit Rs. 15,000/- (Rupees Fifteen Thousand) only to the Consumer Legal Aid Account of this Commission within 45 (Forty Five) days from the date of this order.                   

Let a copy of this judgment be given to the parties directly or through their representative Ld. Advocate for compliance free of cost.