Haryana

Ambala

CC/9/2022

Mr Udayvir Chauhan - Complainant(s)

Versus

M/s Value India Packers & Movers - Opp.Party(s)

Pardeep Batra

13 Oct 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

Complaint case no.	:	09 of 2022
Date of Institution	:	07.01.2022
Date of decision	:	13.10.2023

 

Mr. Udayvir Chauhan son of Shri Sanjeev Chauhan, resident of village Rampur Bihta Tehsil Barara District Ambala. UID No.621480142340.

          ……. Complainant

                                                Versus

M/s Value India Packers & Movers, Through Mahesh Kumar, Head Office 36, near Lal Bagh, Main Gate, Duddamavalli, Kempanna Street, Bengalore-4

Second Address :-

97, Ist Floor, Nandi Nagar, Hesaraghatta, Main Road, near Post Office, Chikka Banavara, Bengalore-560090

….…. Opposite Party

Before:         Smt. Neena Sandhu, President.

                              Smt. Ruby Sharma, Member,

           Shri Vinod Kumar Sharma, Member.           

 

Present:       Shri Pardeep Batra, Advocate, counsel for the complainant.

                    OP already ex parte.                                         

Order:        Smt. Neena Sandhu, President.

                  Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Party (hereinafter referred to as ‘OP’) praying for issuance of following directions to it:-

1. To pay a sum of Rs.1 lac as compensation for damaged and missing goods.
2. To pay a sum of Rs.50,000/- as compensation on account of loss, harassment, pain and agony suffered by the complainant
3. To pay Rs.11,000/- as litigation expenses.
4. Grant any other relief which this Hon’ble Commission may deems fit.

 

2.             Brief facts of the case are that the complainant is employed as teacher in Kendriye Vidyalaya and was transferred from BEML Nagar to Udhampur. Since she was to transport his household articles as well as a four wheeler car to Udhampur, as such, he decided to avail the services of the OP. After brief discussions between the parties, it was assured by the OP that consignment would reach its destination within 7-10 days. Accordingly, the consignment was booked with the OP, vide GC no.360 dated 20.10.2021 on making payment of Rs.56,000/- for transportation of the said consignment which was picked by the staff of the OP from his premises. However, inspite of commitment made by the OP regarding timely delivery of the said consignment from BEML Nagar to Udhampur, the OP failed to do so. However, on the other hand, the OP telephonically asked the complainant to talk to the transporter directly in the matter. When the complainant telephonically spoke to the transporter of the vehicle in which the consignment was loaded, he demanded Rs.10,000/- from him. After great persuasion, the complainant paid Rs.5,000/- but only 28 cartons were delivered and remaining 3 cartons containing goods worth Rs.30,000/- were found missing. Out of the articles received by the complainant, some were found badly damaged due to poor handling by the employees of the OP. The complainant made number of representations as well as requests to the OPs but it failed to take any action, as a result of which, he served legal notice on dated 3-12-2021 but all in vain. Hence this complaint.
3.           Upon notice, none appeared on behalf of the OP before this Commission, therefore, it was proceeded against ex-parte vide order dated 12.04.2023.
4.           Learned counsel for the complainant tendered affidavit of the complainant as Annexure CW1/A alongwith documents as Annexure C-1 to C-12 and closed the evidence on behalf of the complainant.
5.           We have heard learned counsel for the complainant and have also carefully gone through the case file.
6.           Learned counsel for the complainant submitted that the OP did not deliver all the articles booked by the complainant. Moreover, the articles which were delivered were also found in a bad condition In this ways, the OP has committed deficiency in providing service.  
7.           It may be stated here that it is the definite case of the complainant though the OP committed to safely transport the entire cartons of consignment from BEML Nagar to Udhampur, which were booked vide GC no.360 dated 20.10.2021, Annexure C-1, yet, it delivered 28 cartons in a damaged condition and remaining 3 cartons were found missing. It is also coming out from the record that when the grievance of the complainant was not redressed by the OP, he lodged a complaint with the Cyber Crime Department, Annexure C-2, wherein the entire episode has been recorded. It is significant to mention here that, as stated above, notice of this complaint was sent to the OP seeking its version, yet, nobody appeared on its behalf, despite service,  as a result whereof, it was proceeded against ex parte vide order dated 12.04.2023. The non-appearance of OP shows that it has nothing to say in its defence against the allegations made by the complainant. Therefore, the assertions of the complainant went unrebutted & uncontroverted and as such this Commission has no reason to disbelieve the contentions of the complainant. The OP was legally bound to provide efficient services to the complainant by delivering the consignment in a safe and secure manner, which it failed to do so and it has definitely caused a lot of mental agony and harassment, including financial loss to the complainant.
8.           However to come to any definite conclusion, as to what actual loss has been suffered by the complainant, qua the cost of 3 missing cartons and the cartons delivered to him in damaged condition, he was required to place on record some evidence in that regard but the actual loss suffered by him is not coming out from the documents placed by him on record. Under these circumstances, if we award lumpsum compensation of Rs.50,000/- to the complainant towards missing/damaged cartons, mental agony & physical harassment suffered by him and litigation expenses that will meet the ends of justice. 
9.           In view of the aforesaid discussion, we hereby allow the present complaint and direct the OP, to pay lumpsum compensation to the tune of Rs.50,000/-, within the period of 45 days from the date of receipt of the certified copy of this order, failing which said amount shall carry interest @8% p.a. from the date of default till realization. Certified copies of the order be sent to the parties concerned as per rules.  File be annexed and consigned to the record room.

    Announced:- 13.10.2023

 

(Vinod Kumar Sharma)	(Ruby Sharma)	(Neena Sandhu)
Member	Member	President