CONSUMER DISPUTES REDRESSAL COMMISSION-VII

DISTRICT: SOUTH-WEST

GOVERNMENT OF NCT OF DELHI

FIRST FLOOR, PANDIT DEEP CHAND SHARMA SAHKAR BHAWAN

CASE NO.CC/175/12

          Date of Institution:-    24.05.2012

          Order Reserved on:- 21.05.2024

                          Date of Decision:-      05.11.2025

IN THE MATTER OF:

OkramPremchand Singh

Thoubal, Ningombam

District Thoubal

Manipur 795138

Through Sh. Bedhajit Singh Okram

R/o C-5-T, Delhi Police Apartment

MayurVihar Phase-I,

Delhi - 110091

.….. Complainant

VERSUS

Just International Packers & Movers

Through Mr Narender Singh, Manager

A Unit of Just International Transport Co.,

Shop No.35, 1^st Floor, Opposite Police Station,

Old Delhi – Gurgaon Road, Kapashera, New Delhi – 110037

…..Opposite Party

Suresh Kumar Gupta, President

1. The complainant has filed the complaint under section 12 of Consumer Protection Act, 1986 (hereinafter referred to as Act) with the allegations thatshe has purchased Honda City car bearing registration No.DL3CAK4927 from Mahindra First Choice, Automotive India, KishanGarg, VasantKunj, New Delhi on 25.09.2011 and car was delivered on 08.10.2011. On 09.10.2011,he has approached the OP to transport the car from Delhi to Guwahati and paid a sum of Rs.18550/- vide receipt no.208. The car was handed over to OP on the same day vide consignment note 109. Yogender Singh, Marketing officer of the transporter, assured that car will be delivered at Guwahati within 10 days and it will be transported through carrier tanker of Mittal Car Carriers. On 18.10.2021, he has received a call from OP as well as Yogender Singh that car will arrive at Guwahati on 20.10.2011 upon which he has sent drivers namely W. Sharat Singh and O.Jiten Singh to pick up the car but car did not reach the destination.On 21.10.2011, he was again informed that car will arrive at Shirrampur check gate, a border check point between West Bengal and Assam. On 21.10.2011, the driver went their but car did not reach there. He has to spend a sum of Rs.14600/- on the drivers for picking up the car from Guwahati in between 18.10.2011-23.10.2011. He was informed by Yogender Singh to call Mr. Mittal on Mobile no.9310614600 and 9450614600. He called at the given numbers upon which number 9636345396 of one Ajay was given to find out the car. Mr. Mittal told that driver of the tanker is missing and promised to deliver the car within two days. He got the number of one Ram Kumar after repeating calls at the given number. OP has started demanding more money to handover the car. On 01.11.2011, Ram Kumar called him and told that he has unloaded the car somewhere in West Bengal and drove the car himself towards Guwahati. Driver Ram Kumar and OP were threating him and his son on phone on 01.11.2011 that ifa sum of Rs.50,000/- is not transferred into the account no.11823139414 of Nitin Das with SBI, BaroBisah Branch, West Bengal then driver will not bring the car to Guwahati. He and his son was called several times by Ram Kumar and told that he has been instructed by OP to deliver the car at Shri Ram Pur Check Gate and further money is required for delivery at Guwahati. On 02.11.2011, he along with his son came by flight to Guwahati. On 03.11.2011 at 9.00AM driver Ram Kumar informed him that car is under Police custody of Police Post,SimultaPur outpost for not having the owner’s authority to bring the car by road. They reached at 4.00 PM at the outpost check post and produced the documents to the satisfaction of the outpost incharge and thereafter the car was released. The Police officer instructed Ram Kumar to drive the car to Guwahati after reading terms and conditions of the consignment documents. They inspected the car and found that car interior is in shambles, dirty and muddy condition. The engine was making strange sound. The oil was leaking from the engine. The scratches were found on the bumper. The speedometer was not working. The meter reading was 59800kms which was the same when the car was handed over at Delhi to the OP. The meter reading at Police outpost was 59475kms. The distance between Guwahati – Shri Ram PurCentre is 250kms and distance between Thoubal – his resident – Guwahati is 500kms on National Highway 39 via Nagaland. The reading should have been 60550. The speedometer has been tempered. On 03.11.2011, he has received the car at 5.07PM at Police outpost from Driver Ram Kumar with the bumper side scratch badly, passenger left hand door handle/nob broken, strange noise in engine and speedometer is not working. The OP in an attempt to conceal the scratches appears to have repainted the car over a plastic sheet and plastic sheet came of its own. On 04.11.2011, they reached at 8.00PM at Guwahati by car after taking rest on the way. The car was driven by Sh. Ram Kumar to car dealer Spectrum Honda – M/s Gosh Brothers Motors Pvt. Ltd. NH 34, Baithkuchilokhra near DTO office Guwahati Assam. The car was checked which was found badly damaged both in engine and other various parts. The engine/car has freezed. The ignition did not work. He called the OP but Yogender Singh shrugged off his responsibility. The estimate was of Rs.3 lakh so he took the car to a local garage i.e. Prerona Automobiles, Guwahati for repairs. The estimate of Rs.1,24,098/- was given. The car was repaired. The OP has never settled the issue. He has till date incurred expenses of Rs.186282/- in relation to the transportation and repairing of the car. Hence, this complaint.

2. OP was duly served but absent and accordingly proceeded ex-parte on 11.01.2013.

3. The complainant was directed to lead the ex-parte evidence.

4. The complainant has filed his own affidavit of his son B. S. Okram i.e. AR in evidence wherein he has corroborated the version of complaint and placed reliance on the documents Ex.CW1/1 to 1/16 (which are Annexure C1-C16).

5. No one has turned up to address the arguments so the case was reserved for orders by seeing that it pertains to year 2012.

6. B S. Okram is son as well as AR of complainant. He has filed his affidavit in evidence. He has corroborated the version of the complaint as set out in the beginning while briefing the facts and placed reliance on the documents.

7. Annexure-C3 shows that complainant has purchased the car from Mahindra First Choice and payment was made vide receipts Ex.C5and car was delivered on 08.10.2011 as per delivery note Annexure-C4.

8. The complainant has booked the car for transportation from Delhi to Guwahati with OP and paid a sum of Rs.18,500/- which is apparent from Ex.C7. Annexure C-8 is the visiting card of Virendar Singh, Marketing Officer of the OP.The OP has issued consignment note 109 dated 09.10.2011 which is Annexure C-11. The car was handed over to the OP in a good condition as apparent from car condition paper dated 09.10.2011 issued by OP.

9. The car was to be delivered by OP at Guwahati within 10 days. The car was allegedly transported through Mittal Car Carriers. The car did not reach Guwahati within 10 days though complainant was in regular touch with the OP as well as Mittal Car Carriers. It was assured to the complainant the car will be delivered on 21.10.2011 upon which complainant has sent drivers namely W. Sharat Singh and O. Jiten Singh to pick up the car from Guwahati but the car did not reach. The complainant has annexed documents to show expenditure done by him on both the drivers. The complainant was in touch with
   Mr. Mittal who gave number of one Ajay who assured that car will be delivered within two days as driver of the tanker is missing.

10. The complainant contacted Ram Kumar from the mobile numbers given by Mr. Mittal. Mr. Ram Kumar and OP allegedly started demanded money for delivery of the car failing which car will be abundant on highway. The complainant along with his son came to Guwahati by flight and came to know on 03.11.2011 from Ram Kumar that car is in Police Custody at Simulatapuroutpost, Shri Ram Pur check gate Assam for not having the authority to drive the car from owner. They showed the documents to the Police officials upon which car was released. Damages i.e. on the bumper side scratch badly, passenger left hand door handle/nob broken, strange noise in engine and speedometer were found stopped were found in the car. The complainant has annexed the copy of the air tickets on record that he along with his son has come to Guwahati from Delhi to take the delivery of car.

11. The condition of the car was not the same which was at the time of handing over to OP for transportation. The car was taken to Spectrum Honda Guwahati to check the damage and estimate for repairs. The estimate of Rs.299078/- was given as apparent from Annexure C-13. The photographs Annexure-C14 are annexed to show the damage and repair of the car. The complainant has got the car repaired from Prerona Automobiles Guwahati as apparent from Annexure C-15 and paid a sum of Rs.69598+50,000/- for the repair of the car.

12. It was the duty of the OP to transport the car in the safe and sound condition or one can say in the same condition which was existing at the time of taking the car for transportation. The document on record does not show that there was any damage on the car at the time of booking or engine of the car was not working at the time of the booking of the car for transportation. The car with damage was received that too belatedly. The complainant has to incur the expenses on the repair of the car as well as for sending two drivers to take the delivery of the car. He along with his son has to take a flight to Guwahati when they were threatened to give more money otherwise car will left abandoned on the highway. The complainant was put under fear to part with the money which allegedly forced him to come to Guwahati by flight. The additional expenses were incurred by the complainant to take the delivery of the car though OP was duty bound to handover the car to the consignee at the given address. The OP was utterly negligent in delivering the car in time in a safe and sound condition to the complainant. There is deficiency of service of OP. The complainant has under gone mental harassment and agony by the act and conduct of the OP and even he was forced to go for litigation when OP did not settle the issue with the complainant after the repair of car. There is deficiency of service on the part of the OP.

13. In view of the aforesaid discussion, the complaint of the complainant is allowed with the direction to the OP to pay the amount of Rs.1,86,282/-along with an interest @7% to the complainant from the date of filing the complainttill its realization. The complainant is entitled for compensation on account of mental agony and harassment and litigation. The OPis directed to pay Rs.50,000/- to the complainant. The OP is directed to comply with the order within 45 days from the receipt of the order.

• A copy of this order is to be sent to all the parties as per rule.
• File be consigned to record room.
• Announced in the open court on 05.11.2024.