Date of Filing:16.02.2008<br /> Date of Order: 28.04.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 28TH DAY OF APRIL 2008<br /> PRESENT<br /> <br /> <br /> <br /> Sri. S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> <br /> <br /> <br /> <br /> COMPLAINT NO: 443 OF 2008 <br /> <br /> <br /> Santosh Kumar Baranwal,<br /> H.No.15, II Main, I Cross,<br /> II Stage, Mico Arakere layout,<br /> Bannerghatta Road,<br /> Bangalore-560 076. Complainant<br /> <br /> V/S<br /> Fair deal Packers & Movers,<br /> H.O. 303A, Pankaj Plaza,<br /> Rishab Vihar Market,<br /> New Delhi-92. Opposite Party<br /> <br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed by the complainant claiming compensation of Rs. 91,936/0 and costs.<br /> The facts of the case are that, the complainant asked by his company to get relocated to IBM Bangalore from IBM Gurgaon location due to project requirements. The complainant decided to move his household goods and new Santro Car by Fair deal packers and Movers. Marketing person with whom he was dealing from the fair deal company was Mr. Abrarahmed. On the morning of 8th December the opposite party came to his house and packed all his household goods and loaded one mini truck. Mr. Abrar promised that goods would reach within 7-8 days and if there is bad weather it might take 1-2 days more. On the same day night he handed over his santro car to Mr. Abrarahmed for booking. He gave keys to Mr. Abrar near PVR Saket Delhi and he took my car so that this can be loaded to Maruti trailer. Since then 18 days passed and no one has any clue where his car and household goods are. He contacted Mr. Abrar and he told to contact Mr. Rajiv. Mr. Rajiv assured him that he would let me know status of goods and car. After that when ever he tried to call him either he won’t take his call or switch off his mobile. On 27th December he got a call from Mr. Rajkumar who was owner for Maruti trailer on which his car was loaded to collect the car. Though according to the deal the car was supposed to be delivered at my door step. To the surprise when he checked the car it was in the following condition.<br /> 1. There was zero petrol in the car, though it had half tank at Delhi.<br /> 2. There were 2 scratches on the front right side of the car.<br /> 3. My car had run 400 KM since I gave my car to Abrar of Fair Deal at Delhi.<br /> 4. I have got acknowledgement of the above things on written for proof.<br /> On 2nd January the complainant got the call from truck driver that he has got his goods to Bangalore. Around 8-00 PM at night he got my goods at his door step. This truck did not belong to Fair deal packer mover and it was hired from local vendor of Delhi. All his goods were in very bad shape. Hence, the complaint.<br /> 2. Notice was issued to opposite party. Notice returned with an endorsement as “refused”. The refusal is held sufficient service and opposite party placed exparte. <br /> 3. Complainant filed affidavit evidence. Arguments heard.<br /> 4. The points for consideration are:-<br /> 1. Whether there was deficiency in service on the <br /> part of opposite party? <br /> <br /> 2. Whether the opposite party can be ordered to<br /> pay the compensation?<br /> <br /> REASONS<br /> 5. I have perused the complaint and the documents produced by the complainant. It is the case of the complainant that he transported household goods and Santro Car through the opposite party. Household goods and furniture were carried from Faridabad to Bangalore. As per the complainant’s case, the car was damaged while transporting the same. He also submitted his Almirah was broken, microwave oven was also broken and suitcase was also broken. The complainant has given details of articles which were broken. The complainant has claimed Rs.91,936/- as compensation for the loss suffered by him due to the deficiency in service on the part of the opposite party. As per the case of complainant there was delay in transporting also. He has paid Rs.37,500/- as fright charges to the opposite party to that effect he has produced the receipts. The complainant states that he received the household goods on 2nd January-2008. The complainant has claimed Rs.66,936/- in his affidavit as costs of the damaged goods. The claim put up by the complainant has gone unchallenged. The opposite party has not appeared and contested the matter. The notice sent by RPAD returned with an endorsement refused. The allegations and the facts as set out by the complainant shall have to be accepted as true and correct because, the opposite party has not appeared and contested the matter. There is absolutely no reason to disbelieve the case of the complainant. Consumer Protection Act is enacted to safeguard the better interest of the consumers. It is a social legislation. It is the duty and obligation of the opposite party which is a registered body to give better service to the consumers. The opposite party should have taken proper care and caution while transporting the household goods, vehicle, furniture etc.,. But, in this case the complainant received the household articles and the Santro car in a damaged condition. Therefore, really opposite party has suffered lot both monetarily and mentally. The complainant is entitled to be compensated suitably for the loss caused to him. In the result, I proceed to pass the following:-<br /> ORDER<br /> <br /> 6. The complaint is allowed. The opposite party is directed to pay Rs.66,936/- to the complainant. The complainant is entitled to Rs.10,000/- towards costs of the present proceedings from the opposite party. The opposite party is directed to pay the compensation and costs within 30 days from the date of this order failing which the amount awarded carries interest at 10% p.a. from the date of this order till realization. <br /> <br /> 7. The copy of this Order as per the statutory requirements be forwarded to the parties free of charge immediately.<br /> <br /> 8. Pronounced in the Open Forum on this 28TH DAY OF APRIL 2008.<br /> Order accordingly <br /> <br /> <br /> <br /> PRESIDENT <br /> <br /> We concur the above findings.<br /> <br /> <br /> MEMBER MEMBER <br /> <br /> <br />