BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
VAZHUTHACAUD : THIRUVANANTHAPURAM
PRESENT
SHRI. P. SUDHIR : PRESIDENT
SMT. SATHI. R : MEMBER
SMT. LIJU B. NAIR : MEMBER
C.C.No. 336/2014 Filed on 23/08/2014
Dated: 11..11..2015
Complainant:
Dr. Santhosh Kumar Shukla, Scientist E1, HLL Lifecare Ltd (Govt. of India) R/O-P-79, PNRA, Priyadarshini Nagar, Medical College-P.O., Ulloor-Akkulam Road, Thiruvananthapuram-695 011.
(Party in person)
Opposite party:
M/s Speed Cargo Packers & Movers (An ISO 9001:2000 certified company) F-104, G.F Dilshad Colony, Dilshad Garden, Delhi-95.
This C.C having been heard on 30..10..2015, the Forum on 11..11..2015 delivered the following:
ORDER
SMT. R. SATHI, MEMBER:
The case of the complainant is that he approached the opposite party to shift his household items from Delhi to Thiruvananthapuram. On 20/05/2014 the opposite party had given a quotation for cost of packing and other charges including labour for loading, unloading and transportation for Rs. 21,000/-. The opposite party had mentioned car transport charges of Rs. 13,500/- but it was not taken. On 21/05/2014 the opposite party people came to his home at Delhi and made a list of 59 items to be loaded on the truck and moved from his house. A consignee copy on 22/05/2014 was given to him and in which the delivery time was clearly mentioned between 31/05/2014 to 01/06/2014. On 29/05/2014 the opposite party office call him and asked him to deposit Rs. 36,798/- in their account. The complainant received an e-mail on 03/06/2014 and there was a receipt in which they had mentioned other charges that was not mentioned earlier. The complainant written a mail on 02/06/2014 and asked the time of delivery and reason for increasing the money. But no reply was given by opposite party to deposit on 06/06/2014 the opposite party asked complainant Rs. 20,000/- in their account and he deposited the same. From 21/05/2014 to 25/06/2014 the opposite party did not told the complainant the exact date of goods delivery and he suffered a lot without necessary goods. On 25/06/2014 he decided to go to Delhi and while he was sitting in flight he received a call from opposite party that his goods are coming now. He then informed this matter to his friends at Thiruvananthapuram and when the goods reached his house no labour was with them for unloading. The union people asked Rs. 15,000/- for unloading and finally it was fixed for Rs. 8,000/-. The truck driver also asked Rs. 7500/-, his friend gave him Rs. 2,000/-. The complainant’s friends at the time of delivery noticed that some articles are missing and some are damaged. On 25/06/2014 when the complainant reached Delhi he met Mr. Anoop Sharma and narrated the whole episode and he assured the complainant that they give compensation for the things and refund the extra money. The complainant waited until 1st week of August 2014, but no positive reply from the opposite party side. Hence complainant approached the Hon’ble Forum for return the amount of Rs. 10,000/- for extra money charged and money given for union people to give him the airfare and train fare ie Rs. 12,633/- price of missed items and damaged items and compensation for mental agony.
2. Notice sent from the Forum has been returned. The complainant filed affidavit stating that the opposite party is alive and he is having the same address and opposite party is purposefully evading notice. Hence the opposite party is set exaparte.
3. The complainant filed affidavit and Exts. P1 to P9 marked.
4. Issues:
(i) Whether there is any deficiency of service or unfair trade practice on opposite party’s side?
(ii) Whether complainant is eligible for the compensation as sought for?
5. Issues (i) & (ii) : The complainant filed this complaint for getting relief from the opposite party for extra charges incurred by him while transporting his articles from Delhi to Thiruvananthapuram, charges for the missed articles and damaged articles and compensation for mental agony and sufferings. The Ext. P1 is the bill issued for Rs. 36,798/- by opposite party on 29/05/2014 and as per Exts. P6 & P7 Rs. 20,000/-is seen paid to the opposite party’s account by the complainant. As per Ext.P3 the date of delivery is 31/5 – 1/6/2014. In Ext. P9 it is seen that somebody received Rs. 2,000/- on 25/06/2014 and according to the complainant the amount is received by the truck driver. Thus the complainant altogether paid Rs. 22,000/- to the opposite parties. As per Ext.P4 Rs. 21,000/- is charged for packing, loading, transportation and unloading. From the evidence it is seen that complainant had paid Rs. 22,000/- which includes unloading charges, but according to the complainant he had paid Rs. 8000/- for unloading which he had already paid to the opposite party. Moreover the opposite party did not accept the notice sent in his two addresses at Delhi and Ghaziabad and complainant also filed affidavit stating that he is in the above said address. So we can only accept the allegations of the complainant because opposite party did not give any reply or any evidence in contrary to the allegations of complainant. Hence there is deficiency of service and unfair trade practice on the side of opposite party and they are bound to compensate for the same. Hence we are of the view that opposite party is liable to refund Rs. 8,000/- being the unloading charge and Rs. 10,000/- as compensation for mental agony and the loss sustained and Rs. 2,000/- towards costs of the proceedings.
In the result, complaint is allowed directing the opposite party to refund Rs. 8,000/-, to pay Rs. 10,000/- towards compensation and Rs. 2,000/- as costs within one month from the date of receipt of this order, failing which the amount of Rs. 8,000/- shall carry interest @ 12% from the date of default till payment.
A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 11th day of November, 2015.
Sd/- R. SATHI : MEMBER
Sd/- P. SUDHIR : PRESIDENT
Ad. Sd/- LIJU B. NAIR : MEMBER
C.C. No: 336/2014
APPENDIX
I. Complainant’s witness : N I L\
II. Complainant’s documents:
P1 : Copy of quotation dated 20/05/2014 of opposite party
P2 : Copy of packing list No. 1963 dated 21/05/2014
P3 : Copy of consignee copy of opposite party
P4 : Copy of bill No. 1014 dated 29/5/14 issued by the opposite party to the complainant
P5 : Copy of e-mail dated 02/06/2014 sent by the complainant to the opposite party
P6 : Copy of bank receipt dated 06/06/2014 of SBI
P7 : Copy of bank transactions
P8 : Copy of receiving copy of goods dated 21/05/2014
P9 : Copy of receipt for Rs. 2000/- dated 25/06/2014
III. Opposite party’s witness : N I L
IV. Opposite party’s documents : N I L
Sd/- PRESIDENT
Ad.
