BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, JALANDHAR.
Complaint No.140 of 2020
Date of Instt. 06.03.2020
Date of Decision: 26.06.2024
Baldev Raj Dhiman aged 56 years S/o Sh. Kishan Chand Dhiman working as DGM, Bank of Baroda, Regional Office, Kanpur (U.P.) R/o LIC Building, Ambedkar Puram, Awas Vikas, Kalyanpur, Kanpur (U.P.)
..........Complainant
Versus
1. M/s Aggarwal Packers and Movers Ltd., Corporate Office-Kabra Complex, 61-MG Road, Secundrabad, Andhra Pradesh, through its Managing Director/Director/Incharge etc.
2) M/s Aggarwal Packers and Movers Ltd., Plot No.2849, Gali No.3, Near LIC Office, Delhi-Jalandhar Highway, Samrala Chowk, Ludhiana, through its Branch Manager/Incharge etc.
….….. Opposite Parties
Complaint Under the Consumer Protection Act.
Before: Dr. Harveen Bhardwaj (President)
Smt. Jyotsna (Member)
Sh. Jaswant Singh Dhillon (Member)
Present: Sh. Amritpal Singh, Adv. Counsel for Complainant.
OPs No.1 & 2 exparte.
Order
Jyotsna (Member)
1. The instant complaint has been filed by the complainant, wherein it is alleged that the complainant was working as Regional Manager, Bank of Baroda at Jalandhar and on getting the promotion and transfer, the complainant was posted as Deputy General Manager and Regional Head of Bank of Baroda, at Kanpur Region and under transfer from Jalandhar to Kanpur, the complainant approached the OP No.2 for shifting his household items from Jalandhar to Kanpur, which is the branch office of the OP No.1 and OP No.2 is working under the direct supervision and control of the OP No.1. Thus, both the OPs are liable and responsible for all the acts and conducts jointly and severally. The OPs are indulged in the business of movers and packers, whereby the complainant was in need of services of movers and packers for the purpose of transportation of his household goods and articles from Jalandhar to Kanpur and the OPs represent to all the consumers throughout India and their advertisements can also be well perused from the internet and market available pamphlets, whereby M/s Aggarwal Packers and Movers allured the complainant for transportation of his household articles by availing the services of the opposite parties and accordingly, the complainant made the payment of Rs.42,000/- to the OPs and the OP No.2 received 85 items from the complainant from his address i.e. at J-203, Balleyvue Green Apartments, Wadala Road, Jalandhar on 01.06.2019 vide consignment note No.GC/LDH/192000202 through Truck No.HR55-N- 3784 and the above said services, the complainant paid the above said amount of Rs.42000/- as advance which was demanded by the OP No.2. The OPs specifically promised the complainant that the said consignments will be delivered early in the morning hours on 05.06.2019 but later on those assurances were proved to be false and wrong and the said consignment was delivered in the late night hours of the above said date. But the agony of the complainant did not end here but rather the problems started from the same end and the complainant was surprised when he received the said consignment in the night hours and after checking the same, the complainant found that the two cartons was missing and my client immediately brought to the notice of the persons who came for the delivery of the said consignment at the moment and later on, the complainant was informed that one carton has been traced and another one is still missing. The missing carton contains 7 lady stitched suits, one or two unstitched suits, two pair shoes, one jean trousers, two new bed sheets, 4 kilogram whole almonds, books and two important files belonging to the complainant, which contained the testimonials of the complainant in original and some appreciation letters, which he has rendered his services to the department during his service. Thereafter, the complainant informed the said matter through his mobile to the concerned person of the OP namely Mr. Mukesh and Mr. Anil Sharma at Ludhiana and Kanpur office respectively, who are the office bearers of the opposite parties, but they did not bother to listen to the grievances of the complainant nor they resolved the same till date. Thereafter, the complainant lodged the complaint to the OPs on 18th June, 2019 through E-mail, but the said mail was never entertained properly and the consignment of missing carton containing the above said articles of the complainant and his family have never been traced till date and the said undelivered items remained missing and the OPs have not given any response to the complainant and it seems that they have adopted such callous approach to their consumers on such complaints which is their duty and obligation to transport the household articles from one place to another place in a safe and hearty manner. The act and conduct of the OPs is not only negligent, but rather they are deficient in providing the services to the consumers. The complainant also issued a legal notice to the OPs on 08.07.2019, but all in vain and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to make the payment of Rs.2,00,000- on account of loss for missing carton and its items belonging to the complainant. Further OPs be directed to pay a compensation of Rs.5,00,000/- for causing mental tension and harassment to the complainant alongwith interest @12% per annum from the date of making the complaint to the OPs, till its realization. Further, OPs be directed to pay Rs.21,000/- as litigation expenses.
2. Notice of the complaint was sent to OPs, but despite service OP No.2 failed to appear and ultimately, OP No.2 was proceeded against exparte and publication notice of OP No.1 was published in the newspaper on 16.06.2022, but none has appeared on behalf of OP No.1 and the OP No.1 was also proceeded against exparte.
3. In order to prove his respective version, the counsel for the complainant has produced on the file his respective evidence.
4. We have heard the learned counsel for the complainant and have also gone through the case file very minutely.
5. It is clear that the complainant had availed the service of OPs for transportation of his household articles from Jalandhar to Kanpur, vide consignment note No.LDH192000202 dated 01.06.2019, which is evident from Ex.C-2 and Ex.C-5. The complainant paid Rs.42,000/- to the OP No.2 towards service charges, which is evident from Ex.C-1. The said consignment was delivered to the complainant in the late night hours on 05.06.2019. On checking the consignment, the complainant found that two cartoon were missing. The complainant brought the same in the notice of the person, who delivered the consignment. Later on, one cartoon was traced and delivered to the complainant. Ultimately, one cartoon remained missing. As per complainant, the missing cartoon contained 7 ladies stitched suits, one or two unstitched suits, two pair shoes, one jean trousers, two new bed sheets, 4 kg whole almonds, books and two important files, which contained the testimonial the complainant in original and some appreciation letter, the complainant brought the same in the notice of the concerned persons of the OPs at Ludhiana and Kanpur on mobile and also sent email on 18 June, 2019. Reminders were sent on August 13, 2019, which is evident from Ex.C-6 and Ex.C-7, but there was no response from the OPs. From these facts, it is proved that there is deficiency in service and OPs are liable to compensate the complainant for the missing items.
6. On the other hand, the OPs have not come to contest the case. So, the version of the complainant remained un-rebutted and un-challenged, even then the same is required to glance very deeply. The allegation of the complainant is supported by his own affidavit Ex.CA and supported documents Ex.C-1 to Ex.C-9.
7. In the light of above detailed discussion, the complaint of the complainant is partly allowed and OPs are directed to pay Rs.50,000/- towards the value of missing items within 45 days from the date of receipt the copy of order, failing which the OPs will be liable to pay interest @ 6% per annum from the due date of payment, till the payment. Further, OPs are directed to pay a compensation of Rs.10,000/- to the complainant for causing mental tension and harassment and Rs.5000/- as litigation expenses. The entire compliance be made within 45 days from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.
8. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Jaswant Singh Dhillon Jyotsna Dr. Harveen Bhardwaj
26.06.2024 Member Member President
