DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION PALAKKAD
Dated this the 25th day of August, 2022
Present : Sri.Vinay Menon V., President
: Smt.Vidya A., Member
: Sri. Krishnankutty N.K.,Member
Date of filing: 25/10/2021.
CC/176/2021
M.P. Mohanan Pillai, - Complainant
S/o.P.R.Madhavan Pillai, 6/1432,
Nikunjam, Lakshmy Gardens,
Near Puliyal Bhagavati Temple,
Karinkarapully (P.O),
Palakkad-678 551.
(By Adv.K.V.Surendran)
Vs
M/s. Agrwal Goods Carrier, - Opposite Parties
(A Unit of Agarwal Road Assistance Limited),
Plot No.1, MIDC, T.T.C.Area,Near.Bus Depot.,
Mahape, Navi Mumbai-400 701.
(Ex-Parte).
O R D E R
By Sri. Krishnankutty N.K.,Member
Pleadings of the complainant in brief.
1. The complainant transported his TATA NEXON Car bearing registered No. MP/20CJ/85/3 through the opposite party from Jabalpur to Palakkad paying an amount of Rs.25000/-.
The vehicle was taken from his sister-in-law Smt. Prasanna Sharma’s residence in Jabalpur by the agent of the opposite party on 07.08.2021 undertaking to deliver it in Palakkad within 7 days. Since the vehicle was not delivered as promised, the complainant contacted the opposite party after 10 days through the available phone number. It was informed that the vehicle will be delivered within 3 days. Since the delivery did not happen and as there was no response to the phone calls, Smt. Prasanna Sharma filed a complaint before the Thane City police on 24.08.2021.
The complainant had been continuously trying to contact the opposite party. To one such call, one Mr. Surendra Gowda informed that the vehicle is in transit and it would reach the destination immediately. The complainant managed to get the phone number of the driver who had taken the car from Jabalpur. From the contact details provided by him, the complainant gathered the information that the vehicle is abandoned at Bengaluru. As demanded by the Bengaluru concern, the complainant had to pay Rs.19000/- more for taking delivery of the vehicle from Bengaluru and another Rs. 12000/- for taking the vehicle from Bengaluru to Palakkad. Contrary to the agreement between the complainant and opposite party, to deliver the consignment to Palakkad, the opposite party left the car unattended at Bengaluru. There is Deficiency in service on the part of opposite party in not delivering the car in Palakkad.
The prayer of the complainant is for a compensation of
(1) Rs.56000/-, being the amount spent by him with 12% interest
from 06.08.2021.
(2) Rs.20000/- towards mental agony and grievance caused to
the complainant.
2. Notices were issued twice to the opposite party in the address
given by the complainant but got returned for reasons “LEFT” &
UNKNOWN respectively. Then the notice was sent by E mail to the
mail Id given in the documents appended to the complaint. Though the notice was delivered, the opposite party did not enter appearance and hence opposite party was set ex-parte.
3. Complainant filed proof Affidavit on 27.07.2022 and marked Exhibits
A1-A5 as documentary evidence. From the exhibits adduced as evidence,
it is clear that the opposite party failed to ensure the delivery of the
vehicle at Palakkad as promised, even after taking the full transporting
charges in advance. This has resulted in causing mental agony to the
complainant apart from being forced to expend additional amount for
taking delivery of the vehicle from Bengaluru and further transporting it
to Palakkad.
4. This is a definite case of deficiency in service and Unfair trade practice.
Hence the complaint is allowed, awarding the following reliefs,
1) Opposite party is directed to pay 56000/- being the amount spent by
the complainant in full along with an interest @ 12% pay from
06.08.2021 till the date of payment.
2) To pay Rs.10,000/- as compensation towards mental agony and the
inconvenience caused to the complaint.
3) Cost of Rs.7,500/- (Rupees Seven thousand and five hundred only)
Both these amounts are to be paid within 45 days of receipt of this order failing which a solatium of Rs.250/- month or part thereof shall be payable till the date of payment.
Pronounced in the open court on this the 25th day of August,
2022.
Sd/-
Vinay Menon V
President
Sd/-
Vidya A
Member
Sd/-
Krishnankutty N.K
Member
Appendix
Exhibits marked on the side of complainant
Ext. A1–Mailed copy of quotation Agarwal goods carrier.
Ext.A2-Potocopy of cash deposit slip of State Bank of India dated 06.08.2021.
Ext.A3-Photocopy of the invoice
Ext.A4-Photocopy of email complaint dated 24.08.2021.
Ext.A5-Photocopy of statement Union bank, Kodumb branch account.
Exhibits marked on the side of Opposite parties:Nil
Witness examined from complainant’s side:- NIL
Witness examined from opposite party’s side:- NIL
Cost: Rs.7500/- (Rupees Seven thousand and five hundred only )
