CONSUMER DISPUTES REDRESSAL COMMISSION-VII
DISTRICT: SOUTH-WEST
GOVERNMENT OF NCT OF DELHI
FIRST FLOOR, PANDIT DEEP CHAND SHARMA SAHKAR BHAWAN
SECTOR-20, DWARKA, NEW DELHI-110077
CASE NO.CC/463/17
Date of Institution:- 14.09.2017
Order Reserved on:- 12.01.2024
Date of Decision:- 01.03.2024
IN THE MATTER OF:
Miss Alka Kumar Gupta,
D/o Shri Prem Prasad Gupta,
R/o B-3, MIFTEM, Plot No. 97,
Sector-56, HSIIDC Industrial Area,
Kundli Sonipat, Haryana
.….. Complainant
VERSUS
- M/s Riya Car Carriers
(Unit of RCPM)
Through its representative Mr. Manoj Bhardwaj
Shop no.13, Rajasthan Highway, Petrol Pump,
Near CNG Pump Kapashera Border, New Delhi – 110037
- M/s Riya Cargo Packers and Movers
Through its owner Mr. J. B. Sharma
Hallu Bazar, Purani Anaj Mandi,
Bhiwani Haryana
.…..Opposite Parties
ORDER
Suresh Kumar Gupta, President
- The complainant has filed the complaint under section 12 of Consumer Protection Act, 1986 (hereinafter referred to as Act) with the allegations that OP-1 is a unit of OP-2 i.e. Riya Cargo Packers and Movers. On 08.10.2016, she has taken the services of OP-1 for transportation of her Alto 800 car bearing No. DL6CI-1585 from Kundli Border to Bangalore on the payment of Rs.12,000/-. On the same day Sh. Manoj Bhardwaj of OP-1 informed her that they will take the vehicle at 8.00 PM. The car was entrusted on the same day for transportation to Bangalore. The charges of Rs.12,000/- were paid. It was assured that car will reach at its destination within 7 days through Cargo. All the safety measures will be taken to avoid damage to the car. On 09.10.2016, in the afternoon, OP-1 informed that car has met with an accident near Kapashera Border and pictures of the damaged car were sent to her. OP-1 further informed that a Police case has been registered. The car was to be taken by Cargo but it was shocking that car has met with an accident. It was assured by OP-1 that they will bear the entire repair expense of the car. She had entrusted the car in good condition to OP-1. On 21.10.2016, the car reached at Bangalore where her brother took the car to service station through crane and paid the crane charges of Rs.5,000/-. The service centre raised a Bill of Rs.97878/- for the repair of car vide bill no.BR16001846 dated 19.11.2016. She has also paid Rs.10,170/- towards TDS, towing charges and NCB. The OPs have failed to pay the expenses of repair of car. She has claimed insurance but full amount was not reimbursed. She demanded a sum of Rs.32584/- from the OP-1. She has contacted the OPs to repay the said amount but in vain. She has filed a case no.36/JMC/Direct/2017 in Delhi Government Mediation and Conciliation Centre, Jahangir Puri which was disposed off on 16.03.2017 with the order notice of the respondents received back-No response from respondent. On 23.05.2017, a legal notice was issued to the OP but in vain. Hence, this complaint.
- OP-1 and 2 were duly served. Both of them did not appear as a result they were proceeded ex-parte on 23.01.2018.
- The complainant has filed her own affidavit in ex-parte evidence wherein she has corroborated the version of complaint and placed reliance on documents Ex.CW-1 to 6 (exhibits are not put on documents).
- The complainant has not appeared since 03.01.2022 so it was deemed fit to reserve the case for orders on 12.01.2024.
- We have perused the entire material on record including written submissions.
- It is clear from the entire material on record that complainant has booked her Alto car bearing no. DL6CI-1585 for transportation from Kundli Border to Bangalore through OP-1 against payment of transportation charges of Rs.12,000/-. The car in good condition was handed over to OP-1. The car met with an accident when it was in the possession of OP-1. The car in damaged condition was transported to Bangalore where the car was got repaired from Service Station which raised a bill of Rs.97,878/-. The complainant has claimed insurance and did not receive the full amount. The insurance company did not pay Rs.32584/- which was claimed by the complainant from the OPs and even e-mails were given to the OPs. The matter was even filed before Delhi Government Mediation and Conciliation Centre, Jahangir Puri but in vain.
- The legal notice to OP yielded no result. All this is evident from Annexure-A to F though shown as Ex.CW-1 to 6 in the affidavit.
- The testimony of the complainant has gone unrebutted. There is nothing on the record to view the testimony of complainant with the aid of spectacles. The OPs have not come forward to contest the case for the reasons best known to them. The testimony of complainant is relied upon.
- The complainant has handed over the car in good condition to OP-1 but it met with an accident when in possession of OP-1. The P-1 has failed to bear the repair expenses which were not given by the insurance company. The OPs were under an legal obligation to transport the car in good condition to Bangalore which was not done and accordingly there is deficiency of service on the part of OPs.
- Hence, in view of our discussion, the complaint of the complainant is allowed to the effect that OPs shall jointly or severally refund the amount of Rs.32,584/- with interest @7% p.a. from the filing of the complaint till its realization. The complainant has undergone mental agony so she is entitled for compensation on this score also. The OPs shall pay jointly or severally Rs.50,000/- towards compensation. The OPs shall comply with the order within 45 days from the date of receipt of order failing which complainant is entitled for interest @7% p.a. on compensation from the date of order till its realization.
- A copy of this order is to be sent to all the parties as per rule.
- File be consigned to record room.
- Announced in the open court on 01.03.2024.
