IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOLLAM

                                                   C.C.No. 204/2023

PRESENT

      SMT. S.K.SREELA, B.A.L, LL.B, PRESIDENT

          SMT. S.SANDHYA   RANI. BSC, LL.B, MEMBER

     SRI.  STANLY HAROLD, B.A.LL.B, MEMBER

                                                      ORDER DATED:   21. 09.2023.

BETWEEN

Jo Manuel, 28 years,

D/o Manuel George, Charuvila Veedu,

Peroor, Thattarkonam P.O., Kollam 691005.                                          :           Complainant

AND

1. Gigy Idicula,

Agarwal Packers(D.R.S Group),

Koorendeep Building, Providence Road Junction,

Near Vidya Niketan College, Kacherippady,

Ernakulam North, 682018.

2. Biju Varghese,

Agarwal Packers(D.R.S Group),

Koorendeep Building, Providence Road Junction,

Near Vidya Niketan College, Kacherippady,

Ernakulam North, 682018.                                                                     :            Opposite Parties

                   ORDER

Stanly Harold, B.A.LLB, Member

          This complaint is filed U/s 35 of the Consumer Protection Act 2019.       

The averments in the complaint in short are as follows:-On April 30, 2023, the complainant engaged the services of the opposite parties for the purpose of loading, transporting, and unloading their household articles and two-wheeler from Kozhikode to Kollam, specifically to Kilikolloor. The loading of these items took place on the same day, April 30, 2023. As per the agreed terms, the opposite parties had committed to unloading the household articles and two-wheeler promptly on May 1, 2023. However, contrary to this agreed-upon schedule, the opposite parties did not complete the unloading until May 4, 2023.

Due to the negligent handling of the household articles and two-wheeler during this process, the complainant sustained damages, resulting in both financial loss and mental distress for the complainant. Despite reporting these issues to the opposite parties, they failed to address the grievances in a satisfactory manner. Upon further inquiry by the complainant, it was revealed that the opposite parties' poor delivery system was the cause of the delayed and inadequate service, leading to significant losses for the complainant. As a consequence of the poor service and unfair trade practices exhibited by the opposite parties, the complainant has suffered financial loss, mental strain, and significant distress. The opposite parties bear joint and several liability for compensating the complainant for their deceptive practices, which forms the basis of this complaint.

Notice has been issued to the opposite parties and they failed to appear before the Commission.  Hence, they were set exparte.   Complainant filed chief affidavit in lieu of chief examination and has been examined as PW1, marked Exhibits P1 to P8.  Ext.P1 is the email communication sent to the opposite parties.  Ext.P2 is the list of household articles transited from Kozhikode to Kollam/Kilikolloor. Ext.P3 is the invoice dated 30.04.2023.  Ext.P4 is email communication to the opposite parties dated 8^th May 2023.  Ext.P5 is the photo of the washing machine with broken cable.  Ext.P6 series is the photo of the damaged two wheeler bearing Reg.No.KL-36 B 5972.  Ext.P7 is the photo of damaged dress stand.  Ext.P8 is the number list of phone calls to the opposite parties.  The opposite parties failed to cross examine the complainant or adduce appropriate evidence to defend the case of the complainant and hence the affidavit of the complainant stands unchallenged.

It is crucial to highlight that the transit of household articles and the two-wheeler resulted in significant damage to the complainant. Notably, the cable wire of the washing machine was broken due to the negligent manner in which the opposite party handled it during transit, as evidenced by Ext. P5. Furthermore, the complainant had to take leave from their employment, resulting in a loss of pay, in order to address this matter with this Commission.

In good faith, the complainant relied on the assurance given by the opposite parties. However, the transportation of the household articles and the two-wheeler resulted in damage to the aforementioned items, causing not only mental agony but also financial loss. This situation qualifies as an unfair trade practice falling within the definition of deficient service.

It is evident that the complainant has presented sufficient evidence to substantiate their case and justify the relief they are seeking. The complainant had entrusted the transportation of household articles and a two-wheeler to the opposite parties based on their oral assurance that these items would be delivered to Kollam district with the utmost care and in a prompt manner.

After a thorough evaluation of all the available records, it becomes evident that the opposite parties have failed to fulfill their obligations concerning the entrusted household articles. This failure constitutes a deficiency in service, thereby validating the merits of the complaint. Therefore, based on the present evidence, it can be reasonably concluded that the complainant has successfully substantiated their case and is entitled to the relief they seek. The complainant has presented evidence of poor service quality and the resulting harm and losses they have endured. Consequently, the complainant is entirely justified in seeking the relief they are pursuing.

Addressing the grievances raised by the complainant and ensuring that they receive the appropriate remedies and compensation they rightfully deserve is of utmost importance. Holding the opposite parties accountable for their actions and the harm inflicted upon the complainant is crucial. The actions of the opposite parties have caused substantial monetary loss, considerable mental strain, and have arisen due to their poor service and unfair trade practices. The evidence presented strongly supports the complainant's claims, making it both just and fair to grant relief.

In the result, the complaint is allowed. The opposite parties are jointly and severally directed to pay an amount of Rs.12,000/- for the damage caused to the household articles and two wheeler, along with an amount of Rs.10,000/- towards compensation for the loss suffered and Rs.5,000/- as costs of the proceedings. The opposite parties are jointly and severally directed to comply with the above directions within 45 days from the date of receipt of the order failing which the entire amount shall carry interest @ 12% per annum from 30-04-2023 till realisation.

Dictated to the Confidential Assistant  Smt. Minimol S. transcribed and typed by her corrected by me and pronounced in the  Open Commission this the 21^st day of  September 2023.

Sd/-

STANLY HAROLD

MEMBER

Sd/-

S.K.SREELA

PRESIDENT

Sd/-

S.SANDHYA RANI

MEMBER

     Forwarded/by Order                                                            

                Senior superintendent