DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi- 110016

Case No.271/2020

Mary Thankappan

W/o Late A Thankappan

R/o 447, S/F,

Extended DDA Janta Village,

Khirki, New Delhi-110017

….Complainant

Versus

Malik Brothers Packers and Movers

Office address, Plot No. New Line

Bharthal Village, Near Railway Station

Dwarka, Sector-26, New Delhi-110077

Also at:

Tarun Kumar

C/o Omveer Singh

R/o Khasra No.45/71,

Flat No.6688, Valmiki Colony,

Bijwasan, South West Delhi-110061

And also at:

Malik Brothers Packers and Movers

Through its proprietor, Mr. Abhay Chaudhary

Pole No.J-28, first floor VPO Bharthal,

Near Giri School Ground, Dwarka

Sector-26, New Delhi-110077

And also at:

Tarun Kumar

S/o Sh. Omveer Singh

R/o Village Parsaul

Gautam Budh Nagar, U.P

Permanent Address:

H-36, Tirkha Colony

BLG, City Faridabad,

Haryana -121004

        ….Opposite Party

                                                                   Date of Institution: 28.12.2020

Date of Order        :20.11.2024

Coram:

Ms. Monika A Srivastava, President

Ms. Kiran Kaushal, Member

Present:   Adv. Neeraj Kumar along with complainant.

                   None for OP.

ORDER

Member: Ms. Kiran Kaushal

1.      Briefly put, complainant approached Malik Brothers Packers and Movers (OP) to transfer her household goods from her government residence to her native place in Tamil Nadu on 24.08.2020.

2.      It is stated that after discussion between the parties, OP sent a quotation of Rs.43,000/- for shifting all the household items of the complainant. OP’s representative visited the complainant’s residence on 25.10.2022 and the complainant asked him that few items were to be transported from Malviya Nagar for which the representative assured that same would be done but the complainant would have to pay an extra cost of Rs.2,500/-.

3.      It is stated that representative of OP was to come on 31.08.2020 at 7 am but he came at 1pm for packing. It is next stated that OP had assured the complainant that her goods would be transported in a truck. It is stated that while the packing process was going on, complainant received a message from OP asking her to pay an advance of Rs.25,000/- which was duly paid by the complainant in the OP’s company account.

4.      It is further stated that as soon as Rs.25,000/- was deposited in OP’s account, the labour left the work of packing and informed the complainant that they would come in the evening next day. To utter shock and surprise of the complainant, no one appeared on the next day and OP blocked all his contact numbers. The complainant subsequently tried to contact  OP at the office address mentioned in the quotation however, no office of OP was found at the given address.

5.      Thereafter, complainant sent a legal notice to company’s office and his home address, which was not delivered as the address of both the places was wrong. Complainant made an online complaint to the Cyber Cell on 31.10.2020 and also complained online to Delhi Police on 02.11.2020.

6.      Alleging deficiency in service and unfair trade practice, complainant approached this Commission to direct OP to pay Rs.5,00,000/- towards compensation for causing mental torture and harassment; to refund Rs.25,000/- taken from the complainant with interest @18% p.a and to award the cost of present complaint.

7.      Complainant in support of her case has filed the proof of payment of Rs.25,000/- to OP along with Whatsapp Chats between the parties. From the documents placed before us, it is clear that complainant had paid Rs.25,000/- to OP as part payment towards Transportation charges. Averments made in the complaint have remained unrebutted and uncontroverted as despite due service OP has not appeared to contest the case.

8.      In view of the fact that OP had received Rs.25,000/- as part payment and thereafter neither transported the household goods nor has refunded the amount paid by the complainant, OP is held guilty for unfair trade practice. Therefore, OP is directed to refund Rs.25,000/- with interest @6% p.a from the date of receiving i.e 31.10.2020 within 03 months from the date of the order, failing which OP shall pay the above stated amount with interest @9% p.a till realization.

9.      Additionally, OP is directed to pay Rs.15,000/- as compensation towards mental agony and harassment.

Parties be provided copy of the judgment as per rules. File be consigned to the record room. Order be uploaded on the website.