CC No.1340.2014

Filed on 28.07.2014

Disposed on 18.11.2016

BEFORE THE III ADDITIONAL BANGALORE URBAN DISTRICT

CONSUMER DISPUTES REDRESSAL FORUM,

BENGALURU – 560 027.

DATED THIS THE 18^th DAY OF NOVEMBER 2016

CONSUMER COMPLAINT NO.1340/2014                                                                                                                                                                                                                                                   

PRESENT:

     Sri.  H.S.RAMAKRISHNA B.Sc., LL.B.

             PRESIDENT

     Sri.  BALAKRISHNA V.MASALI B.A., LL.B

              MEMBER

                                      V/S

ORDER

BY SRI.H.S.RAMAKRISHNA, PRESIDENT

1. This Complaint was filed by the Complainant on 28.07.2014 U/s 12 of the Consumer Protection Act, 1986 and praying to pass an Order directing the Opposite Party to pay a sum of Rs.16,000/-for TV repair charges and other reliefs. 

2. The brief facts of the complaint can be stated as under:

In the Complaint, the Complainant alleges that on 30^th June 2014 the Complainant has booked for transferred house hold articles from Kochi to Bangalore and received house hold articles on 04.07.2014.  As soon as he received goods, noticed that his TV 29 inches LED Toshiba has got completely damages.  The Complainant has purchased LED TV for a sum of Rs.16,900/- and informed the same to the Opposite Party.  As per the Consignments, goods need to be delivered to home.  However he has not completely provided this service.  The transport vehicle came at time midnight at 1.00 A.M around, there were no transport boys available except vehicle driver.  The Complainant and his wife helped to took goods from the vehicle.  The Complainant has not satisfied with the service provided by the Opposite Party.  Hence this complaint.

3. Even though notice was served on the Opposite Party, the Opposite Party fails to put their appearance, hence placed ex-parte. 

4.     In support of the complainant, the complainant has filed his affidavit by way of evidence.   Heard the arguments of the complainant.  

 5.    The points that arise for consideration are:-

1. Whether the Complainant has proves the alleged deficiency in service by the Opposite Party ?
2. If so, to what relief the Complainant is entitled?

6.     Our findings on the above points are:-

                POINT (1):- Affirmative

                POINT (2):- As per the final Order

REASONS

7.   POINT NO.1:- Now it is the case of the Complainant that the Complainant has booked the transfer of his house hold articles from Kochi to Bangalore on 30.06.2014 and he received goods on 04.07.2014 at 1-00 a.m. in the midnight, when he received the articles, he noticed that his T.V. 29 inches LED Toshiba was got completely damaged and he brought this LED for a sum Rs.16,900/-.  In order to substantiate this, the Complainant in his sworn testimony, reiterated the same and produced Packing List issued by the Opposite Party.  By looking into this document, it is clear that the Complainant booked a Consignment at Kochi for transferring the household articles to Bangalore about 27 articles including the LED TV and also produced the bill issued by the Opposite Party dt.30.06.2014 bearing Bill No.049.  By looking into this, the Opposite Party charged amount of Rs.13,899/- for packing, loading and unloading from Kochi to Bangalore and also produced the copy of the damaged LED T.V.  This evidence of the Complainant remains unchallenged.  To disbelieve the evidence of the Complainant, there is no contra evidence.  On the other hand, the evidence produced by the Complainant, it is very clear that the Complainant booked a Consignment with Opposite Party on 30.06.2014 for transporting the household articles from Kochi to Bangalore, while Opposite Party delivering the goods from Kochi to Bangalore cause damaged to the LED TV which is worth of Rs.16,900/-.  Hence, it amounts to deficiency of service on the part of the Opposite Party.  Thereby, the Opposite Party is liable to pay compensate amount to the complainant for causing damaged to the LED TV.  Hence, this point is held in the Affirmative. 

8. POINT NO.2:- In the result, for the foregoing reasons, we proceed to pass the following order:

ORDER

The complaint is allowed holding that there is deficiency of service by the Opposite Party and directed the Opposite Party to pay a sum of Rs.16,000/- for causing damaged to the T.V of the Complainant and also directed to pay a sum of Rs.5,000/- for causing mental agony and also directed to pay a sum of Rs.2,000/- as cost within 30 days from the date of this order.

 Supply free copy of this order to both the parties. 

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Forum on this, 18^th day of November 2016)

      MEMBER                                                     PRESIDENT 

LIST OF WITNESSES AND DOCUMENTS

 Witness examined on behalf of the Complainant:

1. Sri.B.Sreenivasulu, who being Complainant has filed his affidavit.

 List of documents filed by the Complainant:

1. Packing List
2. World India Packers and Movers Bill dt.30.06.2014
3. Consignment Copy

Witness examined on behalf of the Opposite Party:

–NIL-

            List of documents filed by the Opposite Party:

                                       -NIL-

       MEMBER                                                  PRESIDENT