DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

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Vinay Kumar Jain son of Sh.Shital Dass Jain, r/o H.No.464, Sector 20-A, Chandigarh.

…..Complainant

                                      V E R S U S

1.       M/s Best Packers and Movers, through its Managing Director having its Head Office at Shop No.2, Athrva Bldg., Plot No.A-3, Sector 20, Nerul, Mumbai – 400706.

2.       M/s Best Packers and Movers, Shop No.21, 1^st Floor, Gali No.3, Shanti Nagar, Manimajra, Chandigarh-160101.

……Opposite Parties

QUORUM:   P.L.AHUJA                                                  PRESIDENT

                    DR.(MRS) MADANJIT KAUR SAHOTA         MEMBER

Argued by: Sh.Arun K.Kaundal, Counsel for complainant.

                     OPs already exparte.

PER P.L.AHUJA, PRESIDENT

1.                Sh.Vinay Kumar Jain, complainant has filed this consumer complaint under Section 12 of the Consumer Protection Act, 1986, against M/s Best Packers and Movers & Anr. - Opposite Parties (hereinafter called the OPs), alleging that he availed the services of the OPs for shifting his household goods, furniture  and car make Wagon-R bearing registration No.CH-04-B-4877 and paid an amount of Rs.40,400/- on 27.4.2011, out of which, Rs.7000/- was charged for the transportation of the car. The details of the household articles are indicated in Annexure C-1. Copy of the payment receipt dated 27.4.2011 and the insurance policy dated 26.4.2011 are Annexure C-2 & C-3. It has also been contended that on the insistence of Mr.Naveen Joshi, an employee of OPs, complainant also paid an amount of Rs.6000/- for getting full insurance. The copy of payment receipt is Annexure C-4. It has been further contended that household items were delivered at residential address of the complainant at Chandigarh by the OPs on 2.5.2011. As a matter of fact, the Steel Almirahs and the Wooden Almirahs were badly damaged. The body of the washing machine was totally broken, the grills of two Air Conditioners were broken and the Wall Mirrors were also broken. The Sewing Machine was damaged and many items like one carton of Computer/Electronics accessories etc. worth Rs.60,000/-, Washing Machine Stand, two Stabilizers of the Air Conditioners and many miscellaneous items were missing. The photographs of the items delivered in damaged condition are appended as Annexure C-5. The complainant had spent an amount of Rs.5600/- on repair of the two Air Conditioners and the bill of payment is Annexure C-6. It has been further alleged that despite the payment of Rs.9000/- to the OPs on account of full insurance of household goods, the OPs denied to compensate for any of the losses and threatened that the car will not be delivered. The complainant took the delivery of the household goods under protest as shown in the Delivery Challan - Annexure C-8. The complainant also submitted a letter dated 16.5.2011, copy of which is Annexure C-9 strongly protesting against the illegal, unfair and unjust action of the OPs. It has been contended that no receipt of the insurance amount of Rs.9000/- was issued, though the amount was charged on 10.5.2011 at Chandigarh. The delivery of the car was to be made at Chandigarh within one week of 26.4.2011, whereas, that car was delivered at Zirakpur (Punjab) in a badly damaged condition after 20 days on 16.5.2011. There was a big dent on the front portion of the rooftop of the car and the other dent on the backside, besides there being scratches on the car. The petrol tank of the car was absolutely dry, for which, the complainant had to pay an amount of Rs.100/- to Mr.Sanjay Kumar, employee of OPs. The delivery of the car was also accepted under protest. An amount of Rs.4000/- was charged by Mr.Sanjay Kumar from the complainant. The complainant has alleged that the conduct of the OPs had caused tremendous harassment to him and they are guilty of gross deficiency in service and unfair trade practice. The complainant sent a legal notice dated 28.6.2011 to the OPs, copies of which are Annexure C-11 and C-12. The complainant has made a prayer for a direction to the OPs to refund the entire money charged by them for shifting of household goods and the car; to make payment for all the losses and damages caused by the OPs with 18% interest; to pay a sum of Rs.5,00,000/- towards harassment, humiliation, mental agony, pain etc., apart from litigation costs of Rs.35,000/-.

2.                Notice of the complaint was given to OP No.1, through Registered Post but the envelope was not received back either served or un-served. Since a period of 30 days had elapsed, therefore, OP No.1 was deemed to have been served and was proceeded exparte on 28.6.2012.

3.                OP No.2 was served through publication in daily newspapers “Indian Express” and “Punjab Kesari” but none appeared on behalf of it to contest the complaint. OP No.2 was proceeded exparte on 6.9.2012.

4.                We have gone through the exparte evidence of the complainant and heard the arguments addressed by the learned Counsel for the complainant.

5.                The copy of the list of articles, household goods and furniture – Annexure C-1 shows the details of the goods of the complainant, which were transported from Pune to Chandigarh. Annexure C-2 is the receipt of Rs.40,400/-  taken on account of the transportation of household goods and car of the complainant. The copy of bill – Annexure C-4 shows that after adding the insurance amount of Rs.9000/- and other charges, the total amount of Rs.54,400/- was charged from the complainant. The copies of photographs at Annexure C-5 show the damage caused to the various articles including the car of the complainant. The copy of delivery challan – Annexure C-8 shows that the complainant made a remark that he had received the car with damages including dent on front roof. The car was received at Zirakpur under protest. The complainant also sent a letter dated 16.5.2011 – Annexure C-9, wherein, he intimated that he had accepted the car under protest. The complainant also sent a legal notice dated 28.6.2011 – Annexure C-11 to the OPs. It is also pertinent to note that the complainant got his Air Conditioners repaired and paid a sum of Rs.5600/- to Rana Air Conditioning vide bill at Annexure C-6. The allegations of the complainant are supported by his own affidavit. OPs have not come forward to contest the complaint and the evidence of the complainant against the OPs has gone unrebutted.

6.                Though, the complainant has produced the copy of bill of an amount of Rs.5600/- in respect of the repair of the Air Conditioners, yet he has not produced any other bill or estimate detailing the quantum of loss to his other articles including the car. If the car was damaged, the complainant must have got it repaired from the authorized dealer or privately and must have obtained the bills but those bills have not been produced. The complainant has also not produced any expert who could give his report about the loss suffered by the complainant on account of the damage to his various articles including the car. However, at the same time it is quite clear that some damage was caused to the articles and the car of the complainant during transportation from Pune to Chandigarh. Under the circumstances of the case, we can assess the amount of damage only by guess work and approximation. The evidence on record points out towards deficiency in service on the part of OPs but no case is made out for refunding the entire money charged by the OPs for shifting the household goods and car. Having regard to the facts and circumstances of the present case, we feel that ends of justice would be met if a composite amount of Rs.15,000/- only is awarded to the complainant towards compensation for the loss and damage caused to various articles, harassment and humiliation and the litigation expenses.

7.                For the reasons recorded above, the complaint is partly allowed. The OPs are directed to make payment of an amount of Rs.15,000/- to the complainant towards compensation for loss, damage to the various goods, harassment and humiliation & litigation expenses.

8.                This order be complied with by the OPs within one month from the date of receipt of its certified copy, failing which, OPs shall be liable to refund the awarded amount to the complainant along with interest @ 9% p.a. from the date of filing of the complaint, till its realization.

9.                The certified copies of this order be sent to the parties free of charge. The file be consigned.