BEFORE THE MANDYA DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MANDYA PRESENT: 1. SIDDEGOWDA, B.Sc., LLB., President, 2. M.N.MANOHARA, B.A., LLB., Member, 3. A.P.MAHADEVAMMA, B.Sc., LLB., Member, ORDER Complaint No.MDF/C.C.No.29/2009 Order dated this the 26th day of May 2009 COMPLAINANT/S Sri.J.Prakash S/o J.Anjaneyalu, Now working as Manager, Lakshmi Vilas Bank Limited, Ashok Nagar, Mandya City. (By Sri.M.J.Jain., Advocate) -Vs- OPPOSITE PARTY/S M/s Om Sai Packers and Movers, No.101, Sidhi Plaza, Hazira Road, Kawas, Surat-District 394510, Gujarath State, Rep. by its Managers, R.K.Choudhary and D.P.Choudhary. (EXPARTE) Date of complaint 20.03.2009 Date of service of notice to Opposite party 18.04.2009 Date of order 26.05.2009 Total Period 1 Month 8 days Result The complaint is partly allowed, directing the Opposite party to pay compensation of Rs.40,000/- with cost of Rs.500/- within two months from the date of order, failing which he is liable to pay interest at 9% p.a. from the date of complaint till payment. Sri.Siddegowda, President 1. This complaint is filed under section 12 of the Consumer Protection Act 1986 against the Opposite party claiming compensation of Rs.1,00,000/-. 2. The case of the complainant is that on account of transfer from Surat to Lakshmi Vilas Bank, Mandya Branch. The complainant engaged the service of Opposite party for transporting his belongings to Mandya City. The Opposite party had agreed to render service of packing the materials, loading at the initial point, safe transporting and unloading and safe delivery of the materials in Mandya City. The Opposite party had charged a sum of Rs.42,100/- and the complainant had paid Rs.32,100/- as advance and balance amount of Rs.10,000/- was to be paid at Mandya City after delivery of the materials. But while transporting, there was neither proper packing of the materials nor smooth handling at the time of loading and unloading and no care was taken to protect the materials during transit and due to the negligence and carelessness of the Opposite party, materials were severely damaged and some of the materials are beyond usable conditions, due to improper packing. Almost all the silk sarees and other clothes were water soaked, which affected the colour and appearance of the materials and they are not usable condition. Nearly 25 Kanchi, Banaras Etc., silk sarees were damaged, there were severe damage to wooden furniture, electronic items like T.V. set, D.V.D. player & computer system. The complainant received the materials under protest, after telephonic call to settle the matter, but the Opposite party did not come and settle the matter. Therefore, notice was issued on 24.01.2009 and in spite of service, Opposite party has not complied with demand made in the notice and therefore, the present complaint is filed. 3. The notice of the complaint was served on the Opposite party and Opposite party remained absent and has not filed version and so, Opposite party was placed exparte. 4. The complainant has filed affidavit and produced the documents Ex.C.1 to C.6. Opposite party has not filed any affidavit. 5. We have perused the records. 6. Now the points that arise for our considerations are:- 1. Whether the Opposite party has committed deficiency in service by damaging the cloths, wooden materials and electronics materials in damage condition while transporting to Mandya? 2. Whether the complainant has suffered loss of Rs.1,00,000/-? 3. What order? 7. Our findings and reasons are as here under:- 8. The oral evidence of the complainant and Ex.C.1 consigner copy and Ex.C.2 the list of articles transported clearly proved that the Opposite party being packers and movers had undertaken to packing the materials and transport the same in good condition from Surat to Mandya City on account of transfer of the complainant from Surat Branch of Lakshmi Vilas Bank to Mandya Branch. As per Ex.C.1, the transport charges is Rs.42,100/- for door delivery. According to the complainant, he has paid advance of Rs.32,100/- and agreed to pay the balance of Rs.10,000/- after delivery of the materials at Mandya City. His evidence has remained unchallenged. Further about the damage to the sarees and wooden materials and other cloths, the complainant has produced the photos, which clearly established that the sarees were damaged by changing of colour and not fit for use and even wooden articles are damaged and they were to be repaired with polishing. In this regard, the complainant sent a letter Ex.C.4 by courier service Ex.C.3, claiming damages of Rs.50,000/- totally and deducting the balance transport charges of Rs.10,000/- he had claimed compensation of Rs.40,000/-, but the Opposite party has not responded. Then the complainant got issued legal notice Ex.C.5 and it is served by registered post and though, it was served as per Ex.C.5(a) postal acknowledgement, the Opposite party has failed to answer the claim. So, the Opposite party has not at all disputed the damages caused to the sarees, wooden materials and electronic materials and the compensation claimed by the complainant, in his letter Ex.C.4 and legal notice Ex.C.5. Under these circumstances, there is no reason to suspect to the case of the complainant that the Opposite party has undertaken to transport the household articles, furniture etc., from Surat to Mandya City and collecting the charges, he has delivered the articles at Mandya, but so many articles were damaged mentioned above. Therefore, though it is the duty of the Opposite party to properly pack the materials and transport in proper way and deliver the articles in proper condition without any damages, but the Opposite party has neglected and has not taken care to transport the materials in good condition taking the proper care. Hence, the Opposite party has committed deficiency in service. 9. The complainant sought for compensation of Rs.1,00,000/- in the complaint, but in his letter Ex.C.4, he has claimed compensation of Rs.50,000/-, admittedly he has to pay balance of transport charges of Rs.10,000/- and hence, he claimed only Rs.40,000/- from the Opposite party in Ex.C.4. Now days the cost of the silk sarees is on the higher side and if the silk sarees are discolored it cannot be used at all. Even the furnitures are damaged as per the photos and for the repairs and polishing, the complainant has to pay and the cost of repairs and polishing is also on the higher side from time to time. Therefore, considering the facts of the case, it is reasonable to award compensation of Rs.40,000/- against the Opposite party. 10. In the result, we proceed to pass the following order; ORDER The complaint is partly allowed, directing the Opposite party to pay compensation of Rs.40,000/- with cost of Rs.500/- within two months from the date of order, failing which he is liable to pay interest at 9% p.a. from the date of complaint till payment. (Dictated to the Stenographer, transcribed, corrected and then pronounced in the open Forum this the 26th day of May 2009). (PRESIDENT) (MEMBER) (MEMBER)
