Andhra Pradesh

Visakhapatnam-II

CC/216/2012

Deputy Commandant Kinshuk Pal - Complainant(s)

Versus

M/s Saradha Packers and Movers - Opp.Party(s)

P.S. Kumar

05 Feb 2015

ORDER

 Reg. of the Complaint:17-07-2012

                                                                                                                                 Date of Order:05-02-2015

BEFORE THE DISTRICT CONSUMERS FORUM-II

AT VISAKHAPATNAM

                   Present:

1.Sri H.ANANDHA RAO, M.A., L.L.B.,

       President

2.Sri C.V.RAO, M.A., B.L.,

                                             Male Member

3.Smt.K.SAROJA, M.A., B.L.,

       Lady Member

                                            

 

THURSDAY, THE 5^TH DAY OF FEBRUARY, 2015

CONSUMER CASE NO.216/2012

 

 

BETWEEN:

DEPUTY COMMANDANT KINSHUK PAL T.M.

S/O NALINI RANJAN PAL, HINDU, AGED 34 YEARS,

DEFENSE SERVICE, INDIAN COAST GUARD,

R/O FLAT NO.101, VIJAYA ENCLAVE,

D.NO.39-7-2, SECTOR-8, MURALINAGAR,

VISAKHAPATNAM-530 007.

…COMPLAINANT

AND:

M/S SARADHA PACKERS & MOVERS,

REP. BY ITS MANAGER, REGD. OFFICE,

101/1, ASHOKE GATH, DUNLOP,

KOLKATTA-700 108.

…OPPOSITE PARTY

This case coming on 22-01-2015 for final hearing before us in the presence of SRI P.S.KUMAR, Advocate for the Complainant, and of Opposite Party, being set exparte, and having stood over till this date for consideration, this Forum made the following.

 

ORDER

 (As per SMT.K.SAROJA, Honourable Lady Member on behalf of the Bench)

1.       The case of the complainant in brief is that the complainant booked a consignment with OP i.e., M/s Sarada Packers and Movers as he was transferred to Visakhapatnam from Kolkata. So, he booked his entire household articles along with his Maruthi Car through the Opposite Party at Culcutta Office. On 12-06-2011, the OP issued receipt bearing Nos.11028, 11030 and collected Rs.50,248/- and Rs.14,682/- from the complainant. As per their understanding, goods will be delivered to Visakhapatnam within 2 days from the date of booking. Unfortunately, the OP did not deliver the goods in time and also some articles are missing and the delivered goods are in damaged condition. The complainant received the articles on 24-06-2011. All the house hold articles and the car also damaged very badly. In spite of several requests made by the complainant, the OPs did not deliver some goods to the Complainant till now. At the time of booking of the consignment, the OP promised that this consignment will be booked in a separate vehicle with proper care. Hence, this complaint.

1)      For a sum of Rs.3,00,000/- (Rupees Three Lakhs Thousand only) with interest at 12% p.a., thereon from 31-01-2011 (Date of Registered Laywer’s Notice) for the damage to his house hold articles etc.,

2)      For damages of Rs.50,000/- for mental agony suffered by the complainant and his family members;

3)      For payment of future interest at 12% p.a.,

4)      For costs and such other relief or reliefs as your Honourable Forum may deem fit, if necessary in the circumstances of the case.

2.       The Opposite Party did not appear before this Forum as it was set exparte and remained exparte.

3.       At the time of enquiry, the complainant filed Evidence Affidavit as well as written arguments to support his contention. Exhibits A1 to A10 are marked for the complainant. Heard the complainant.

          Exhibit A1 is Quotation issued by the OP dated 16-05-2011, Exhibit A2 is the Money receipt for Rs.50,248/- dated 12-06-2011 bearing No.11028, Exhibit A3 is the Receipt bearing no.11030, dated 12-06-2011, Exhibit A4 is the Bill issued by the OP for Rs.50,248/-  bearing No.11030, dated 12-06-2011. Exhibit A5 is the receipt bearing no.11030, dated 12-06-2011, Exhibit A6 is the consignment dated 12-06-2011, Exhibit A7 is the Consignment copy bearing NO.11030, Exhibit A8 is the packing slip dated 12-06-2011. Exhibit A9 is the Panchanama dated 25-06-2011, Exhibit A10 bunch of photographs.

 

Exhibit C-1:    CD is marked on behalf of the Complainant

 

5.       The fact shown from Exhibits A6 and A7 reveal that the complainant booked consignment on 12-06-2011 with the OP and the OP issued bills at Rs.50,248/- & Rs.14,682/- respectively.

6.       The point that would arise for determination is:

Whether there is any deficiency of service on the part of the OPs? if so, Whether the Complainant is entitled to the   reliefs asked for?

7.       After careful perusal of the case record, documents and after seeing the CD filed by the complainant, this forum finds that the consignment of goods were badly damaged as improper handling and transportation  by the OPs.  The said consignment was booked on 12-06-2011, they reached at Visakhapatnam on 24-06-2011. The complainant booked old house hold articles and one Maruthi Car in the said consignment by paying  Rs.64,930/- to the OPs; the OPs promised that they will handle the goods with proper care but they failed to deliver them as they are in good condition.

8.       The complainant declared household articles value at Rs.1,50,000/- but he fails to declare the value of the car. The articles which were delivered by the OP to the complainant are not in a good condition.  We had seen the CD i.e., Exhibit C1 which shows that some scratches appear on the consignment of goods and the car is badly damaged. Moreover, the OP fails to appear before this Forum even after publication made by the complainant. It is the bounden duty of the OP to deliver the goods with proper care but the OP  failed to deliver the goods in good condition. It appears that there is sheer negligence on the part of the OP which amounts to deficiency in service on the part of the OP. Moreover, the goods which were booked and delivered by the OP are old and used house hold articles but they are not new.  Moreover, the complainant did not file any bills regarding the articles when he has purchased them. Hence, the complainant is entitled to Rs.80,000/- with interest , some compensation and costs too.

 

9.       In the result, the Complaint is allowed, directing the Opposite Party; to pay an amount of Rs.80,000/- (Rupees Eighty Thousand only) with 9% p.a., from 17-07-2012 till the date of actual realization, to pay a compensation of Rs.20,000/- (Rupees Twenty Thousand only) and costs of Rs.5,000/- (Rupees Five Thousand only) to the complainant.  

Time for compliance, one month from the date of this order.

Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open Forum, on this the 5^th day of February, 2015.

 

  Sd/-                                                    Sd/-                                       Sd/-

M.MEMBER                                                     PRESIDENT                                                L.MEMBER  

 

APPENDIX OF EVIDENCE

Exhibits Marked for the Complainant:

Exhibits	Date	Description	Remarks
A-1	16-05-2011	Quotation issued by the OP	Original
A-2	12-06-2011	Money receipt for Rs.50,248/- bearing No.11028,	Original
A-3	12-06-2011	Receipt bearing no.11030, dated 12-06-2011,	Original
A-4	12-06-2011	Bill issued by the OP for Rs.50,248/-  bearing No.11030.	Photostat copy
A-5	12-06-2011	Exhibit A5 is the receipt bearing no.11030,	Photostat copy
A-6	12-06-2011	consignment	Photostat copy
A-7	12-06-2011	Consignment copy bearing NO.11030,	Photostat copy
A-8	12-06-2011	Packaging slip	Original
A-9	25-06-2011	Panchanama	Original
A-10		Photographs	Original

 

Exhibit C-1:    CD is marked on behalf of the Complainant

 

  Sd/-                                                    Sd/-                                       Sd/-

M.MEMBER                                                     PRESIDENT                                                L.MEMBER