Orissa

Sambalpur

CC/4/2020

Sri. M. Durga Varun - Complainant(s)

Versus

Manager Propriteor Kartik Packers and Movers - Opp.Party(s)

01 Nov 2022

ORDER

          PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                             CONSUMER COMPLAINT NO. 4/2020

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

 

Sri. M.Durga Varun,

S/O-Basava Koteswara Rao,

R/O/PO- Hanuman Junction, Dist-Krishna, Andhra Pradesh

At present R/O-Budharaja, Jaganath Colony,

Lane No.3, Dist-Sambalpur.                                ……...………..Complainant

                    Versus

Manager/Proprietor Kartihik Packers and Mover

(A Unit of Karthik Logistics), 1-6-44/1/24,

Dammaiguda Village, Lalbazar, Secundrabad 500015.………………..Opp.Parties

Counsels:-

  1. For the Complainant                   :-Self
  2. For the O.P.                                  :-Ex-parte

 

Date of Filing:27.01.2020,Date of Hearing :11.10.2022, Date of Judgement : 01.11.2022

  Presented by Dr. Ramakanta Satapathy, PRESIDENT,

  1. The Complainant filed this complaint alleging deficiency in service of the O.P. The case of the Complainant is that in the year 2019 the Complainant transferred to Sambalpur from Shakti Nagar, Raichur, Karnataka to serve as an engineer. The O.P. packers and movers was approached to shift the household articles. On 10.11.2019 the complainant handed over the furnitures and belongings in 33 packages but it was not reflected by the O.P. in consignment note. On 15.11.2019 after long waiting contacted the O.P. about non delivery, no any response was given. On 28.11.2019 the O.P. delivered the furnitures and belonging to the Complainant. Only 30 packages were delivered. After unpacking the Complainant found that some articles are missing and some materials are damaged. After complaint also the O.P. did not respond.

On 30.11.2019 an e-mail was given to the O.P. but the O.P. did not respond. Thereafter this complaint was filed.

  1. After notice also the O.P. did not turn up. Accordingly, the O.P. was set ex-parte.
  2. Perused the documents filed by the Complainant. On 10.11.2019 the O.P. granted a receipt bearing No. 209 acknowledging the receipt of 33 packages and the goods to be shifted from Raichur to Sambalpur. The O.P. received an advance of Rs. 8000/- out of total amount Rs. 25,340/-. The O.P. supplied a consignment note dated 10.11.2019 bearing No. 158. The O.P. issued consignment copy on 25.11.2019. In the received consignment the complaint has not given any date but alleged that some goods like exercise cycle, Kitchen stand, wall clock, pooja frame, tube bucket and cot has been completely damaged. From the main dated 30.11.2019 it reveals that the Complainant alleged about non receipt of 33 packets i.e. three packets have not been delivered but failed to establish the goods not delivered.
  3. From the complaint petition & documents filed that the Complainant sustained damage of the consigned articles but the cost of damage has not been reflected. It is the duly of the consignor to reach the articles to destination safely. In the consignee note clearly the Complainant has mentioned about the damaged articles and it is supported with e-mail.

The O.P. is deficient in its service as the articles could not reach the destination safely. Further the O.P. failed to give any reply about the delay in delivery.

Accordingly, it is ordered:

ORDER

The complaint is allowed ex-parte against the O.P. The O.P. is directed to pay cost of the articles amounting to Rs. 30,000/-, compensation amounting to Rs. 10,000 and litigation expenses of Rs. 5000/- within one month of this order. In case of non payment the entire amount will cover 5% interest P.A. from the date of filing of complaint till realisation.

Order pronounced on this 1st day of Nov of 2022.

Supply free copies to the parties.

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