BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION, ERNAKULAM

Dated this the 30^th day of November 2021

                             Filed on: 09/07/2019

PRESENT

Shri.D.B.Binu                                                                     President

Shri.V.Ramachandran                                                                  Member                                                          

Smt.Sreevidhia.T.N                                                            Member

CC.No.275/2019

Between

COMPLAINANT/PETITIONER

Abdul Salam.P.H, S/o.K.Hydrose, Firdouse Manzil, 181/G, Puthenkulangara Road, Eroor North.P.O, Thrippunithura - 682 306, Ernakulam.

(Party in Person)

OPPOSITE PARTY

Owner and Management Staff, Sahara Express Packers and Movers, Plot No.623, Rangpuri, Mahipalpur, Near IGI Airport, New Delhi – 110 037.

O R D E R

 D.B.Binu, President

A brief statement of facts of this complaint is as stated below:

        The Complainant states that he had entrusted a transport agency named Sahara Express Package and Movers based in Mahipalpur, New Delhi for the transportation of house hold articles worth Rs.2.5 lakhs to Kochi.

        The total amount mutually agreed by the Complainant and Opposite party for the transportation and insurance along with toll and GST was fixed at Rs.50,000/-.  On 17^th May, 2019 the Opposite party loaded all the items and assured that the delivery would be made within 10 days.  The Complainant had paid an amount of Rs.20,000/- as advance and agreed to pay the balance amount upon delivery.  The Opposite party sent an E-mail to the Complainant asking for an additional amount of Rs.6,000/- and warned that the consignment would be kept at their godown if the amount is not paid. The Complainant contacted the police authorities and the Opposite party agreed to deliver the goods as per quotation after the intervention of the police.  The Complainant further alleges that the consignment ought to have reached by 28^th of May as the ten days period would be over by then.  On contacting the Opposite party it was learnt that the consignment would reach on 28^th and the same will be delivered on 29^th May 2019.  Complainant states that he had arranged labourers for unloading, but the consignment did not reach and the Opposite party do not respond to the phone calls made by the Complainant.  Since there was no other way the complainant had paid the balance amount of Rs.30,000/- to the Opposite party.  It was deposited to the Opposite party’s account by the wife of the Complainant at Canara Bank Eroor Branch near Vyttila.  The Complainant contacted the City Police Commissioner since even after the payment of the whole amount the consignment had not reached the Complainant.  When Commissioner of Police enquired about this to the Opposite party they gave a reply that the vehicle was damaged on the way at Karnataka and need 3 more days to reach Kochi.  The Complainant states that it is against the fact since the Opposite party was saying till then that the consignment had already reached Kochi on 29^th May and again sent a mail saying that the consignment reached on 31^st May.

        Finally on 6^th June the consignment reached the Complainant at Kochi and while unloading it was found that many valuable articles were missing from the consignment and many goods were broken and damaged.

        The Complainant further furnished the list of missing articles and damaged articles.  On enquiry with the Opposite party Company the Complainant learnt that the Opposite party do not have the responsibility for the damage or missing as they are only sub contractor of transportation of another agency.  The Complainant was not informed about the sub contract and the quotation was only given to Sahara Company.

       The Complainant alleges that even after the transportation and offloading the articles to Kochi, the transportation company has not provided the bill for the amount paid to them for the transportation, ie. Rs.50,000/-. In fact the Complainant has to produce the bill to his employer for getting refund of the bill amount paid.  This has caused the Complainant another loss of Rs.50,000/-. The Complainant prays to initiate action against the Opposite party and also for taking steps for giving compensation for the loss and damages caused to the Complainant along with compensation for mental agony and harassment.

Notice

Notice was sent to the Opposite party from the Forum/Commission which was returned as ‘refused’.  Consequently the opposite party was set ex-parte.

Evidence

        Evidence in this case consists of the Exparte proof affidavit filed by the Complainant.  There is no oral evidence from the side of the complainant.      

On perusal of the complaint, it is seen that the complainant had attached  Exbt.A1 to A3.  The Complainant was absent on all the days of postings of the case except on 10/08/2021 and on 20/09/2021, though the complaint was filed on 09/07/2019.  Evidence of the complainant was closed on 01/09/2021 and the case was posted for hearing.

        The complainant submitted that he has some additional proof of evidences to produce and requested for time and stated that he had entrusted a transport agency named Sahara Express Packers and Movers based in Mahipalpur, New Delhi to deliver the complainant’s household items worth Rs.2.5 lakhs to Kochi.  The total amount mutually agreed by complainant and opposite party for transportation and insurance along with toll and GST was fixed at Rs.50,000/-.  The complainant submits that he had paid an amount of Rs.20,000/- as advance and agreed to pay the balance amount upon delivery.  The complainant also submits that the opposite party send an email to the complainant asking for an additional amount of Rs.6,000/- more citing irrelevant reasons and demanded full payment in advance.  Thus the Manager of opposite party demanded to pay a total amount of Rs.36,000/-.  The complainant submits that he had paid Rs.30,000/- to the company’s account by the complainant’s wife through the Eroor branch of Canara Bank near Vyttila.  The opposite party didn’t deliver the goods.  Then the complainant contacted the Kochi City Police Commissioner and the Kochi Police contacted the agency that ‘the vehicle got damaged on the way at Karnataka and need 3 more days to Kochi’.  When the consignment finally reached at Kochi it was found that many valuable articles were missing from the consignment and many goods were broken and damaged.

        On perusal of documents attached with the complaint viz.

1. Quotation bill
2. List of items loaded from home
3. Payment bill of Rs.30,000/-

        It can be seen from Exbt.A1 produced by the complainant that he has been provided an estimate in the form of a quotation by packers and movers door to door services B.O:Plot No.623, Rangpuri, Mahipalpur vide Qute No: SEPM-DL.  It is only an estimate for quotation number 1108 for Rs.50,000/- dated nil in which date of requested packing and moving is shown as 17/05/2019.  As per Exbt.A2 produced by the complainant the transportation of household goods and furniture are handed over to M/s.Sahara Express Packers and Movers transport in goods to the destination vide the consignment note No: nil dated 17/05/2019.  As per the Exbt.A3 produced by the complainant it can be seen that an amount of Rs.30,000/- is deposited into the account of one Naveen Kumar in account No.3851101011425 through Canara Bank Eroor branch on 01/06/2019.  It can also be seen from the enclosure produced along with the complaint which is a consigner copy on which it is marked owner’s risk insurance. 

At first the complainant had produced only an estimate quotation from packers and movers and the receipt of the consignment is seen issued directly by the opposite party which is evidenced from document No.2 where on it is written that the undersigned at the present address given below has been transferred to Kochi and the below mentioned household goods and furniture and handed over to M/s.Sahara Express Packers and Movers transport in goods to the destination vide their consignment No. Nil dated 17/05/2019. Further the complainant with him which are very crucial and prayed that at the time of hearing has prayed that he has some additional evidence to prove that the complainant had paid any amount to the opposite party. Subsequently the complainant had produced Exbt.A4 and Exbt.A5 series which are marked.  It is also taken into the receipt obtained from Canara Bank Eroor branch very clearly show a transfer of Rs.30,000/- to one Naveen Kumar. 

The complainant submits that he had paid Rs.20,000/- as advance to the opposite party and also submits that on 20/05/2019 the opposite party had sent a mail to the complainant demanding Rs.6,000/- also citing irrelevant reasons.  The complainant has produced evidences to prove that he had paid Rs.20,000/- as advance to the opposite party.  Moreover no E-mail communications between the complainant and the opposite party were produced before the Forum/Commission to substantiate this allegations.  The complainant also submits that the amount of Rs.30,000/- was deposited by the complainant’s wife and produced its receipt which are also marked.   As per the receipt of Canara Bank, Eroor Branch.

In addition to this the complainant submits that he had contacted local police at Delhi and also contacted the Kochi Police Commissioner.                                                                              

        It can be seen from the document subsequently amount of Rs.30,000/- being the balance amount of Rs.50,000/- after payment of Rs.20,000/- by hand is sent from Canara Bank, Eroor by the complainant’s wife to the opposite party.  Hence part of cause of action arises under the jurisdiction of this Commission. The Cargo reached the complainant at Kochi only on 06/06/2019, that is long after the date promised by the opposite party to deliver the consignment. Hence, the complainant is sustained to deficiency of service from the side of the opposite parties, since the opposite parties have promised the delivery of the consignment after 10 days on 17.05.2019 as is evidenced from the consignment note.

        The complainant has not produced any evidence to substantiate that most of the items received were in broken or damaged condition. Hence the Commission has not taken the argument of the complainant that which were broken has not been taken into consideration. From the above inferences we have reached into the following :

1. Complainant has sustained to deficiency of services from the opposite parties.
2. The opposite parties are liable to pay compensation and cost for the deficiency of service and unfair trade practice. Thus the complainant have proved deficiency of service and unfair trade practice from the side of the opposite party.  Hence point No.(1) & (2) are proved in favour of the complainant.

Hence the following orders as follows:

1. The opposite parties shall pay an amount of Rs.50,000/- (Rupees Fifty thousand only) towards deficiency of service and unfair trade practice and for the mental agony and harassment caused to the complainant.
2. Cost of Rs.5,000/- for the litigation.

Pronounced in the Commission on this the 30^th day of November 2021.

Sd/-

                                                                             D.B.Binu, President

                                                                                      Sd/-  

           V.Ramachandran, Member

                                                                                      Sd/-

Sreevidhia.T.N, Member

s/

                                                                   Forwarded/by Order

Despatch date:

By hand:                                                                                 Senior Superintendent

by post:        

APPENDIX

Compla0inants Exhibits

Opposite party's Exhibits:         

Deposition:

NIL