Delhi

North East

CC/2/2021

Vikas Chauhan - Complainant(s)

Versus

M/s Agarwal Cargo Mover - Opp.Party(s)

16 Mar 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No. 02/21

 

 

In the matter of:

 

	Sh. Vikas Chauhan S/o Sh. Madan Singh R/o H. No. 28/11, Street No. 4, Indira Marg, Chajjupur, Shahdara, Delhi-110032	Complainant
	Versus
	M/s Aggarwal Cargo Mover Through its Proprietor/Director Mr. Ratan Lala Having its office at:- Chakan Moshi Road, Pune-410501	Opposite Party

 

DATE OF INSTITUTION:         JUDGMENT RESERVED ON:                           DATE OF ORDER:

05.01.21 15.12.22 16.03.23

 

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

Adarsh Nain, Member

ORDER

Anil Kumar Bamba, Member

The Complainant has filed the present complaint under Section 35 of the Consumer protection Act, 2019.

Case of the Complainant

1. The facts of the case as revealed from the record are that in July 2020 the Complainant got service of Opposite Party for delivering his goods/articles containing Computer, keyboard Mouse, CPU, Monitor, Bullet Motorcycle, Helmet from Pune to Delhi for a sum of Rs. 7,500/-. Opposite Party assured Complainant that he would hand over the articles within 4-7 days and asked Complainant to get the articles insured in case of damaging by handing over insurance certificate. The Complainant stated that Opposite Party issued a bogus bill bearing no. 163 with wrongly mentioned dated 12.10.20 for an amount of Rs. 18,170/- instead of Rs. 7,500/-. The Complainant telephonically contacted Opposite Party but no proper response was given to Complainant and when Complainant asked Opposite Party to cancel the delivery then Opposite Party told him that his articles are on the way and he had to pay Rs. 18,170/-.The Complainant also sent e-mail to Opposite Party asking why Opposite Party is charging Rs. 18,170/- instead of Rs. 7,500/- but Opposite Party only stated that he had to pay the amount otherwise his articles would be seized. The Complainant had paid Rs. 10,000/- and Rs. 8,000/- by goggle pay on 13.07.20. The Complainant stated that Opposite Party had not delivered his articles in proper conditions as LED was broken from side, CPU and Monitor were also broken and his other articles were soaked with Rainy water. The Complainant stated that he was facing loss of Rs. 1,866/- per day approx. because all the articles have been badly damaged. The Complainant get obtained a note regarding damages of his articles in writing by the Opposite Party concerned official named Bal Kishan  who put his signature proof upon the bill and Opposite Party also failed to provide the copy of insurance/challan as agreed by Opposite Party. The Complainant stated that he had sent a legal notice dated 18.09.20 to Opposite Party but neither Opposite Party replied nor complied the legal notice. The Complainant stated that Opposite Party charged Rs. 18,170/- instead of           Rs. 7,500/- and also issued a bill of wrong date and also deliver the articles in damaged condition. Hence, this shows deficiency on the part of Opposite Party. Complainant has prayed for Rs. 95,000/- towards damaging/destroying the goods in question and Rs. 2,00,000/- for mental harassment. He has also prayed for Rs. 50,000/- as the cost of the present complaint along with Rs. 10,670/- as excess amount of its proceedings.
2. None has appeared on behalf of Opposite Party to contest the case. Therefore, Opposite Party was proceeded against Ex-parte vide order dated 12.05.22.

Evidence of the Complainant

3. The Complainant in support of his complaint filed his affidavit wherein he has supported the averments made in the complaint.

Arguments and Conclusion

4. We have heard Ld. Counsel for the Complainant and we have also perused the file.  The averments made by the Complainant in the complaint are supported by his affidavit and documents filed by him. The Opposite Party did not appear and did not file any written statement. Therefore, the averments made in the complaint are to be believed.
5. In view of the above discussion, the complaint is allowed. Opposite Party is directed to pay Rs. 95,000/- on account of damages of goods to the Complainant along with interest @ 6 % p.a. from the date of filing the complaint till recovery. Opposite Party is also directed to pay Rs. 50,000/- on account of mental harassment and litigation expenses to the Complainant with interest @ 6 % p.a. from the date of this order till recovery.
6. Order announced on 16.03.23.

Copy of this order be given to the parties free of cost.

File be consigned to Record Room.

 

(Anil Kumar Bamba)           Member

(Adarsh Nain)      Member

(Surinder Kumar Sharma) President