Sri Ranjan Ray, Ld. Member

FINAL ORDER/ JUDGEMENT

This complaint U/S 2(5) (i) of the C.P. Act, 2019 was initially filed against the Opposite Party (O.P.) – 1) Kuber Logistic, Movers & Packers, Representative by Sunil Sharma, Having its Office at Shop No. 04, Agarwal Chember, Plot 102, Sector- 19 C, Navi Mumbai- 400703, Mobile No.- 8657370326, 7947062394 and as per Order No.- 03, dated 12.09.2023 the O.P. declared ex-parte.

                    The case of the complainant as per his complaint is as follows-

The complainant was posted at Material Organization, Ghatkopar (West), LBS Marg, Mumbai and subsequently transferred in the month of May, 2021 at Sukna Military Cantonment, Siliguri, West Bengal and for this reason he had to hire the service of O.P. through a mobile app for various kinds of services, for shifting the personal household luggage along with the two- wheeler and four- wheeler of the complainant and the request was made to the O.P. for shifting his belongings which was availed through Just Dial and the deal was finalized on 16^th - 17^th of May, 2021 at the amount of Rs. 1,20,000/- (Rupees One Lac Twenty Thousand) only.

The complainant also paid Rs. 15,000/- (Rupees Fifteen Thousand) only to the O.P. for insurance of luggage in transit on 19.05.2021 itself, whereas the insurance was taken by transporter on 24.05.2021 but the O.P. had given a fake copy of policy with Policy No. C2196056 in which the O.P. had not shown the complete details of payment made towards premium of the insurance.

The entire deal including insurance was done on 17^th of May, 2021 for RS. 1,20,000/- (Rupees One Lac Twenty Thousand) only and an advance of Rs. 1,00,000/- (Rupees One Lac) only was paid on 19^th of May, 2021 and the balance amount of Rs. 20,000/- (Rupees Twenty Thousand) only was to be paid on receipt of car and household items.

The packing was started on 18^th of May, 2021 and thereafter on the receipt of the luggage in the eve of 31^st of May, 2021 and the complainant noticed that the items were delivered in a damaged conditions where fridge was in lying state, steel boxes are bent, wooden crates are broken, Activa two wheeler was damaged and many more and when the complainant checked the carton of various articles, he found his various valuable house hold luggage, bottle articles and many more were missing. The complainant informed this matter to the O.P. and the O.P. told that he would indemnify the complainant of the loss incurred by him. Moreover, though the charges for uploading were paid but the O.P. had not provided any labour charge for unloading and for this reason the complainant had to hire labor and had to pay them Rs. 6,000/- (Rupees Six Thousand) only.

The complainant arrived at Siliguri on 06.06.2021 and thereafter on 16.06.2021 the O.P. started threatening to him and forced him to make the payment of Rs. 30,000/- (Rupees Thirty Thousand) only to the O.P. to get back his car and finding no other alternative the complainant visited local police but still the O.P. was blackmailing him and finally the complainant paid Rs. 20,000/- (Rupees Twenty Thousand) only to the O.P. to get the car back. Subsequently, the complainant had made a complaint against the O.P. on 30.07.2021 before the Police Station, Ghatkopar (West), LBS marg, Mumbai- 400078 and thereafter, he made e-filing before Consumer Commission in the Dept. Of Consumer Affairs vide Application No. A211000031113 but the said case was closed on 31.08.2022 due to lack of jurisdiction and thereafter an appeal as preferred bearing No. DOCAF/C/A/22/0001040 upon the said order dated 31.08.2022 before the N.C.D.R.C. which was again closed on 27.12.2022 due to lack of territorial jurisdiction.

In this way, the O.P. mischievously succeed to cheat the complainant by damaging all his valuable articles, breach of trust of the complainant by way of unfair trade practice and deficiency in service of the complainant only for his personal gain.

The prayers of complainant are as follows :

1. To pass an order directing the O.P.s to refund the total amount of Rs. 5,00,000/- (Rupees Five Lac) only to the complainant.
2. To pass an order directing the O.P.s to pay Rs. 10,00,000/- (Rupees Ten Lac) only to the complainant as compensation for deficiency in service and for restoring to unfair trade practices, as well as for harassment, mental torture and agony caused to the complainant.
3. To pass an order directing the O.P.s to pay Rs. 50, 000/- (Rupees Fifty Thousand) only for legal expenses and cost of the proceeding.
4. Any other relief to which the complainant may be found entitled to.

                    List of Documents filed by the complainant:

1. Photocopy of two copies of Bills dated 19.05.2021 bearing Bill No. 56268, 56269.
2. Photocopy of Challan being Consignment No. 526, dated 19.05.2021.
3. Photocopy of Packing List dated 19.05.2021.
4. Photocopy of money receipt dated 19.05.2021 against the Bill No. 16007.
5. Photocopy of money receipt dated 19.05.2021 against the Bill No. 56267.
6. Photocopy of policy papers of Future Generali Total Insurance Solutions, dated 24.05.2021 vide Policy No. C2196056. (Containing 4 pages)
7. Photocopy of Final Delivery Report dated 31.05.2021.
8. Photocopy of photos of mishandling of articles and the damaged products. (Containing 7 pages)
9. Photocopy of Complaint made to the Police Station Ghatkopar (West) LBS Marg Mumbai dated 30.07.2021.
10.   Photocopy of complaint made to the Consumer Commission e- Dhakil Online dated 22.11.2021.
11.  Photocopy of the online Consumer Commission e-Filing, vide Application No. A21100003113.
12.  Photocopy of online Grievances Status of Application No. A21100003113 as closed on 31.08.2022.
13.  Photocopy of Grievances Status of the Appeal being No. DOCAF/C/A/22/0001040 showing the current status as case closed on 27.12.2022.

Regarding this instant case, the notice was not served upon the O.P. mentioning “Not delivered DOOR LOCKED” and “Item Returned Addressee Left without instruction” by the Postal Department and vide order No. 03, dated 12.09.2023 this Commission declared the O.P. 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 was posted at Material Organization, Ghatkopar (West), LBS Marg, Mumbai and subsequently transferred in the month of May, 2021 at Sukna Military Cantonment, Siliguri, West Bengal and for this reason he had to hire the service of O.P. through a mobile app for various kinds of services, for shifting the personal household luggage along with the two- wheeler and four- wheeler of the complainant and the request was made to the O.P. for shifting his belongings which was availed through Just Dial and the deal was finalized on 16^th - 17^th of May, 2021 at the amount of Rs. 1,20,000/- (Rupees One Lakh Twenty Thousand) only. 

The complainant also paid Rs. 15,000/- (Rupees Fifteen Thousand) only to the O.P. for insurance of luggage in transit on 19.05.2021 itself, whereas the insurance was taken by transporter on 24.05.2021 but the O.P. had given a fake copy of policy with Policy No. C2196056 in which the O.P. had not shown the complete details of payment made towards premium of the insurance. The entire deal including insurance was done on 17^th of May, 2021 for RS. 1,20,000/- (Rupees One Lac Twenty Thousand) only and an advance of Rs. 1,00,000/- (Rupees One Lac) only was paid on 19^th of May, 2021 and the balance amount of Rs. 20,000/- (Rupees Twenty Thousand) only was to be paid on receipt of car and household items.

The packing was started on 18^th of May, 2021 and thereafter on the receipt of the luggage in the eve of 31^st of May, 2021 and the complainant noticed that the items were delivered in a damaged conditions where fridge was in lying state, steel boxes are bent, wooden crates are broken, Activa two wheeler was damaged and many more and when the complainant checked the carton of various articles, he found his various valuable house hold luggage, bottle articles and many more were missing. The complainant informed this matter to the O.P. and the O.P. told that he would indemnify the complainant of the loss incurred by him.

The complainant arrived at Siliguri on 06.06.2021 and thereafter on 16.06.2021 the O.P. started threatening to him and forced him to make the payment of Rs. 30,000/- (Rupees Thirty Thousand) only to the O.P. to get back his car and finding no other alternative the complainant visited local police but still the O.P. was blackmailing him and finally the complainant paid Rs. 20,000/- (Rupees Twenty Thousand) only to the O.P. to get the car back. Subsequently, the complainant had made a complaint against the O.P. on 30.07.2021 before the Police Station, Ghatkopar (West), LBS marg, Mumbai- 400078 and thereafter, he made e-filing before Consumer Commission in the Dept. Of Consumer Affairs vide Application No. A211000031113 but the said case was closed on 31.08.2022 due to lack of jurisdiction and thereafter an appeal as preferred bearing No. DOCAF/C/A/22/0001040 upon the said order dated 31.08.2022 before the N.C.D.R.C. which was again closed on 27.12.2022 due to lack of territorial jurisdiction.

In this way, the O.P. mischievously succeed to cheat the complainant by damaging all his valuable articles, breach of trust of the complainant by way of unfair trade practice and deficiency in service of the complainant only for his personal gain.

Regarding this instant case, the notice was not served upon the O.P. mentioning “Not delivered DOOR LOCKED” and “Item Returned Addressee Left without instruction” by the Postal Department and vide order No. 03, dated 12.09.2023 this Commission declared the O.P. ex-parte.   

So, as per the above discussion it is very much clear that there was a deficiency of service from the part of O.P. and this Commission has no doubt that there was a deficiency of services from the part of the O.P. The O.P. is directed to refund the entire amount of goods of Rs. 5,00,000/- (Rupees Five Lac) only which was written in the Packing List of the O.P. with a simple interest @ 7.5% per annum from the date of packing, i.e., from 19.05.2021 by an Account Payee cheque in favour of the complainant within 30 (Thirty) days from the date of this order. After expiry of 30 (Thirty) 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. 95/2023 be and same is allowed on ex-parte against the O.P. (Kuber Logistic, Movers & Packers) with cost.

The O.P. is directed to refund the entire amount of goods of Rs. 5,00,000/- (Rupees Five Lakh) only which was written in the Packing List of the O.P. with a simple interest @ 7.5% per annum from the date of packing, i.e., from 19.05.2021 by an Account Payee cheque in favour of the complainant within 30 (Thirty) days from the date of this order. After expiry of 30 (Thirty) 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.             

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