District Consumer Disputes Redressal Commission ,Faridabad.

Consumer Complaint  No.292/2022.

 Date of Institution: 31.5.2022.

Date of Order: 10.02.2023.

Kuber Dett Sharma now working in Magma HDI General Insurance Company Limited (previously working in Cholamandalam MS India General Insurance Company Limited), Permanent resident of Purana Ganga Mandir, Budh Ki  Haat Bharatpur, Tehsil & District Bharatpur (Rajasthan).

                                                                   …….Complainant……..

                                                Versus

M/s. BPL Logistics, 8717, Main Sohna Road, Faridabad, Delhi NCR-121004 Service will be also effected through its Authorized persons/Representative on his mobile NO. 8860342005 through whatsapp.

                                                                   …Opposite party……

Complaint under section-12 of Consumer Protection Act, 1986

Now  amended  Section 34 of Consumer protection Act 2019.

BEFORE:            Amit Arora……………..President

Mukesh Sharma…………Member.

Indira Bhadana…………Member.

PRESENT:                   Sh.  Sanjeev Bansal,  counsel for the complainant.

                             Opposite parte ex-parte vide order dated 30.09.2022.

ORDER:  

                   The facts in brief of the complaint are that  the complainant was

earlier working with M/s. Cholamandlam MS India General Insurance Company Limited New Delhi and in the month of March he reside at Faridabad and he left the said company and rejoin in Magma HDI General Insurance company Limited Jaipur and the complainant was permanent resident of Bharatpur (Rajasthan).  In the month of March 2022, complainant wanted to shifted his residence from Faridabad to Bharatpur (Rajasthan) at its native place.  On 21.02.2022 complainant contacted to the office of opposite party and as per the negotiation with the opposite party, representative of opposite party had agreed to shift household goods of the complainant from Faridabad to Bharatpur, Rajasthan (door to door) and representative of opposite party issued quotation bearing its No. BPL50212050 dated 20.02.2022 for total amount of Rs.18,990/- and as per mail received by the complainant from the office of opposite party and made the advance  payment  of Rs.500/- vide receipt No. 1424 dated 21.02.2022 for total consignment of Rs.18,990/-  As per the above mentioned facts opposite party agreed to loaded household goods of complainant and agreed to deliver the household goods of complainant within 24 hours and on 09.03.2022 opposite party loaded household of complainant and surprisingly received a call through representative of opposite party that make the advance payment of the consignment and thereafter opposite party will deliver the complainant household goods of payment of Rs.38,640/- which was totally unbearable to the complainant but as the opposite party had under the custody of household goods of the complainant and the complainant was under the urgent need of entire household goods  and opposite party create heavy pressure upon the complainant by way of telephonic call as well as whatsapp call and representative of opposite party sent link for payment to the complainant on his mobile no. 9314509881.  The opposite party sent link of Rs.39,979/- during

enquiring about the breakup, representative of opposite  party again threatening to the complainant of not delivering his household goods. The complainant became helpless and he made the payment of Rs.39,976/- under protest and acknowledgement had already sent on whatsapp  number mentioned above but opposite party had issued receipt of Rs.38,640/- only instead of Rs.39,976/- and the complainant immediately contacted to representative of opposite party regarding the same but the complainant had to received any  justification from their side.  However, the opposite party with the complainant and not deducting the advance payment of Rs.500/- from the final bill.  After making the above sated payment under protest on 10.03.2022, representative of opposite e party had assured to the complainant to deliver his household goods in the evening on 10.03.2022, then again a fake assurance from opposite party side of delivery the items in morning of 11.03.2022 on whatasapp but the same was not delivered in the night of 11.03.2022.  The complainant became frustrated due to non receiving of his household goods by way of their fraudulent act and knowingly delaying in delivery of household goods of the complainant and last call made by the complainant to representative eof opposite party on 11.03.2022 and representative of opposite party rudely asked to the complainant to wait till morning.  Opposite party took 3 days to delivery household goods for a short distance of only 162 kilometers which clearly shows their incompetency.  On 12.03.2022 in the morning at about 7.00 A.M. truck No. HR-38S-6498 reached to the house of the complainant for delivering the goods but without any helper for unloading the same and after many calls to representative of opposite party then they sent 3 guys/labourers/persons who were not even trained for unloading and shifting heavy goods items, then to ensure the protection of household goods the complainant arranged four labourers to unload goods and persons sent by the opposite party were told just to arrange

 goods at home and these persons were highly unprofessional and left all the items shattered.  The complainant sent several mails, whatsapp calls but he always become deep and dump.  The some of the household items were badly damaged during the period of shifting due to fault of the opposite party. The complainant sent legal notice  dated 31.03.2022 to the opposite party but all in vain. The aforesaid act of opposite party amounts to deficiency of service and hence the complaint.  The complainant has prayed for directions to the opposite party to:

a)                refund the excess amount of Rs.22,000/- paid for shifting of household articles from Faridabad to Bharatpur (Rajasthan) alongwith interest @ 18% p.a. from the date of payment till its realization..

 b)                pay Rs. 1,00,000/- as compensation for causing mental agony and harassment  and Rs.50,000/- on account of damage of household expenses.

c)                 pay Rs. 10,000 /-as litigation expenses.

2.                 Notice issued to opposite party on dated 01.09.2022 not received back either served or unserved.  Tracking details on behalf of opposite party filed in which it had been mentioned that “Item Delivery Confirmed”.  Email was also sent to opposite party on 26.08.2022 and reply was received on 31.08.2022.  Thereafter, a reminder was also sent to opposite party on 28.09.2022.  Mandatory period of 30 days expired.  Hence, opposite party was hereby proceeded against ex-parte vide order dated 30.09.2022.

3.                The complainant led evidence in support of his respective version.

4                  We have heard learned counsel for the complainant and have gone through the record on the file.

5.                In this case the complaint was filed by the complainant against

opposite party – M/s. BPL Logistics with the prayer to :a)  refund the excess amount of Rs.22,000/- paid for shifting of household articles from Faridabad to Bharatpur (Rajasthan) alongwith interest @ 18% p.a. from the date of payment till its realization.  b)        pay Rs. 1,00,000/- as compensation for causing mental agony and harassment  and Rs.50,000/- on account of damage of household expenses. c)  pay Rs. 10,000 /-as litigation expenses.

                   To establish his case, the complainant  has led in his evidence Ex. CW1/A -  affidavit of Shri Kuber Dett Sharma, Ex.C-1(1 to 4) – invoice, Ex.C-2(1 to 4) , Ex.C-2(1 to 4) – quotation, Ex.C-3 – money receipt, Ex.C4 (1 to 4) – invoice, Ex.C -5  to C-13 – whatsapp message,, Ex.C-14  to C-17 – photographs, Ex.C-18 – legal notice, Ex.C-20 to C-22 (1 to 3) – emails, Ex.C-23 (1 to 4) -  quotation, Ex.C-24 -  money receipt, Ex.C-25 & 26– LR(Lorry receipt), Ex.C-27 (1 to3 ) – packing list/receipt, Ex.C-28 – email dated 10.01.2013, Ex.C-29 to Ex.32 – whatsapp messages,

 6.               There is nothing on record to disbelieve and discredit the aforesaid ex-parte evidence of the complainant. Since opposite party has not come present to contest the claim of the complainant, therefore, the allegations made in complaint by the complainant go unrebutted. From the aforesaid ex-parte evidence it is amply proved that opposite party has

rendered deficient services to the complainant. Hence the complaint is allowed against opposite party.

7.                Opposite party is directed to  refund the excess amount of Rs.22,000/- paid for shifting of household articles from Faridabad to Bharatpur (Rajasthan) as per email vide Ex.C-22(1 to 3)alongwith interest @ 6% p.a. from the date of filing of complaint till its realization. Opposite party is also directed to pay Rs.2200/- as

compensation for causing mental agony  & harassment alognwith  Rs.2200/- as litigation expenses to the complainant.  Compliance of this order  be made within 30 days from the date of receipt of copy of this order.  File be consigned to the record room.

Announced on: 10.02.2023                                            (Amit Arora)

                                                                                           President

                     District Consumer Disputes

           Redressal  Commission, Faridabad.

                                                                 (Mukesh Sharma)

                       Member

          District Consumer Disputes

                                                                             Redressal Commission, Faridabad.

                                                                    (Indira Bhadana)

                       Member

          District Consumer Disputes

                                                                                 Redressal Commission, Faridabad.