Tamil Nadu

North Chennai

CC/45/2016

v.SARAVANAN - Complainant(s)

Versus

M/S. Agarwal Packers and movers - Opp.Party(s)

MUNIRAJA

22 Nov 2017

ORDER

 

                                                            Complaint presented on:  23.03.2016

                                                                Order pronounced on:  22.11.2017

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

        PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

              THIRU. M.UYIRROLI KANNAN B.B.A., B.L.,      MEMBER - I

 

WEDNESDAY THE 22^nd   DAY OF NOVEMBER 2017

 

C.C.NO.45/2016

 

 

 

V.Saravanan,

S/o. Venkatasubramanian,

No.11, Nagarathinam Street,

H.L.Colony,

Pammal, Chennai – 600 075.

                                                                                    ….. Complainant

 

..Vs..

1.M/s. Agarwal Packers and Movers,

Represented by its Manager,

2^nd Floor, 21^st Street, Anna Nagar (East)

Chennai – 600 102.

 

2.M/s. Agarwal Packers and Movers,

Represented by its Manager,

Block No.401, Mantri Terrace,

Behind Sancheti Hospital, Thupe Park,

Shivaji Nagar,

Pune – 411 405.

 

 

 

 

3.The Managing Director,

M/s. Agarwal Packers and Movers,

Agarwal Movers Group,

Saraswati Vihar,

Opp. Crescent Public School,

Pitampura, New Delhi – 110 034.

 

.....Opposite Parties

Date of complaint                                 : 11.04.2016

Counsel for Complainant                      : A.Muniraja Authorised Advocate

 

Counsel for Opposite Parties                  : S.Satish, F.John Joesph

 

 

O R D E R

 

BY PRESIDENT THIRU. K.JAYABALAN B.Sc., B.L.,

          This complaint is filed by the complainant claiming cost of replacement charges of Rs.11,077/- for damage to the vehicle and compensation for mental agony with cost of the complaint u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The opposite parties are carrying on business and providing service of packing, loading, moving, unloading, unpacking, arranging of items which were shifted. The complainant is working in a private company at Chennai and during February 2015, he was transferred to Pune. Hence, he engaged the 1^st opposite party to shift his house hold articles, including his Honda Motor bike to Pune. The 3^rd opposite party is the Head Office of the 1^st opposite party.

          2. The 1^st opposite party packed and loaded the house hold goods and bike on 02.02.2015 and the complainant also paid a sum of Rs.12,650/- towards charges for transport. The goods were delivered at Pune through the 2^nd opposite party on 07.03.2015. At the time of delivery, the complainant noticed that his bike’s petrol tank the bike’s visor and rear indicator was heavily damaged with dent. The complainant also recorded damages in the feedback Form.

          3. The complainant sent mail on 07.02.2015, 11.02.2015 and on various dates to the opposite parties about the damage. However there was no response from them. On 07.03.2015 a supervisor of the 2^nd opposite party came and after checking asked the complainant to apply for insurance claim and also informed that the difference amount will be paid by the opposite parties. The service centre quoted the damage amount of Rs.11,077/-. The complainant applied for the insurance claim. They paid 30% of the amount i.e: Rs.4,300/-.

          4. On 02.04.2015 the complainant mailed to the opposite parties and again on various dated to pay the balance amount. But the opposite parties failed to pay the amount to the complainant and thereby committed negligent service to the complainant. Hence the complainant filed this complainant claiming cost of replacement charges of Rs.11,077/- for damage and compensation for deficiency in service and mental agony with cost of the complaint.

5. WRITTEN VERSION OF THE  OPPOSITE PARTIES IN BRIEF:

          The opposite parties has repeatedly agreed to pay the difference amount of Rs.6,777/-  and has been asking  the complainant only to provide the documents or surveyor report to show that the Insurance Company would pay only a sum of Rs.4,300/- out of the total estimate of Rs.11,077/-. Till date he has not given any documents to this opposite party or surveyor report to show that Insurance Company would pay only a sum of Rs.4,300/-. Even in the present typed set of documents filed by the complainant, he has not produced the documents or surveyor report to show, how much the insurance company has agreed to pay.

          6. The complainant without producing the document required for processing the payment has rushed before this Hon’ble Forum based on his fanciful imagination.  The opposite parties to show its bonafide ready to deposit the entire sum of Rs.6,777/- before this Hon’ble Forum, if this Hon’ble Forum so directs. The complainant can withdraw the same any time after producing documents or surveyor report evidencing amount agreed to be paid by the insurance company. Hence the opposite parties have not committed any deficiency in service and pray to dismiss the complaint with costs.    

7. POINTS FOR CONSIDERATION:

          1. Whether there is deficiency in service on the part of the opposite parties?

          2. Whether the complainant is entitled to any relief? If so to what extent?

8. POINT NO :1 

          It is an admitted fact that the complainant approached the 1^st opposite party to transport his household goods including his Honda Motor Bike  to Pune and the  opposite parties issued Ex.A1 quotation to the complainant and the complainant paid a sum of Rs.12,500/- towards freight charges for transporting the goods  mentioned in Ex.A4 packing list  and Ex.A2 invoice issued for receipt of charges and Ex.A3 is the consignment note and at the time of delivery at Pune by the 2^nd opposite party, the complainant seen that his bike’s petrol tank was heavily damaged with dent and also the bike’s visor and rear indicator were damaged and the complainant accepted the delivery of his articles on protest in the feedback form.

 9. The complainant  case is that he wrote Ex.A5, Ex.A6 e-mails to the  1^st opposite party to pay compensation for the damage and also sent Ex.A8 series of mails asking them that who will take the responsibility for the damage and the complainant also sent Ex.A9 series of mails that he will proceed with legal proceedings and only on 07.03.2015  the opposite parties  supervisor met the complainant and also saw the damage and also asked the complainant to claim insurance for the damage and also confirmed that the difference amount from the claim will be paid by the company and thereafter the complainant also made insurance claim for a sum of Rs.10,402/- and the insurance company covered only for a sum of Rs.4,300/- and the difference amount of Rs.6,102/- has to be paid by the opposite parties as assured by the supervisor and accordingly the complainant sent Ex.A12 & Ex.A13  mail to the 1^st opposite party and also marking copy to the other opposite party and however the opposite parties have not paid the difference amount and hence the opposite parties have committed deficiency in service.

10. The opposite parties would contend that they continuously asking the complainant to provide the proof for payment made by the insurance and on receipt of the same they will pay the difference amount to the complainant and however, the complainant had not furnished the proof for payment of Rs.4,300/- issued by the insurance and due to that the opposite parties were unable to pay the difference amount and hence they have not committed any deficiency in service.

11. It is not in dispute that on behalf of the opposite parties the supervisor asked the complainant to apply for insurance claim and they will pay the difference amount to the complainant. The damage was caused to the complainant Honda Motor Bike during transit of articles from Chennai to Pune. Hence the opposite parties were liable for the damage caused to the vehicle in the transit.         The Ex.A20 is the estimate for a sum of Rs.10,402/- for repairing the complainant vehicle. The said estimate was issued by Yash Automobiles. In the estimates itself it is endorsed by the repairer that the insurance will pay a sum of Rs.4,300/-. Therefore, the complainant is liable to pay the balance amount of Rs.6,102/- and the such amount have to be paid by the opposite parties to the complainant. Even as assured by the opposite parties through their supervisor to pay the difference amount and after receiving several mails from the complainant requiring them to pay the difference amount of Rs.6,102/- and the same was not paid by the opposite parties for some reason or  other that the complainant has not furnished the documents cannot be accepted. Only as a gesture, at request of opposite parties the complainant applied for insurance claim, though damages are due to negligent service of the opposite parties while transporting the goods. Even after receipt of mails from the complainant to pay the difference amount of Rs.6,102/- is clear case of deficiency committed by the opposite parties in not paying the said amount and it is held that the opposite parties 1 to 3  have committed deficiency in service in causing damage to the complainant Honda Bike and also failed to pay the aforesaid amount.

12. POINT NO:2

          The opposite parties were found that they were liable to pay the difference amount of Rs.6,102/- to the complainant and accordingly we direct them to pay a such amount to him. Due to damage caused to the vehicle and also failed to pay the agreed difference amount, the complainant suffered with mental agony is accepted and for the same it  would be appropriate to direct the opposite parties to pay a sum of Rs.10,000/- towards compensation for the same, besides a sum of Rs.5,000/- towards litigation expenses.

          In the result the Complaint is partly allowed. The Opposite Parties 1 to 3 jointly or severally are ordered to pay a sum of Rs.6,102/- (Rupees six thousand  one hundred and two only) towards the claim  amount to the Complainant and also to pay  a sum of Rs. 10,000/- (Rupees ten  thousand only) towards compensation for mental agony, besides a sum of Rs. 5,000/- (Rupees five thousand only)  towards litigation expenses.

The above amount shall be paid to the complainant within 6 weeks from the date of receipt of the copy of this order failing which the above said amount shall carry 9% interest till the date of payment.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 22^nd   day of November 2017.

 

MEMBER – I                                                                PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 02.02.2015                   Quotation issued by the opposite parties

Ex.A2 dated 02.02.2015                   Invoice Copy

Ex.A3 dated 03.02.2015                   Goods consignment note

Ex.A4 dated 03.02.2015                   Packing List

Ex.A5 dated 07.02.2015                   Email sent by the complainant

Ex.A6 dated 11.02.2015                   Email sent by the complainant

Ex.A7 dated 13.02.2015                   Email sent by the complainant

Ex.A8 dated 14.02.2015                   Three emails sent by the complainant

Ex.A9 dated 16.02.2015,

20.02.2015, 24.02.2015

And 28.02.2015                      Emails sent by the complainant

 

Ex.A10 dated 07.03.2015                 Email sent by the complainant

 

Ex.A11 dated 02.04.2015                 Email sent by the complainant

 

Ex.A12 dated 08.04.2015                 Email sent by the complainant

21.04.2015

 

Ex.A13 dated 22.04.2015                 Reply mail sent by the opposite parties

 

Ex.A14 dated 24.04.2015                 Email sent by the complainant

 

Ex.A15 dated 10.05.2015                 Email sent by the complainant

 

Ex.A16 dated 11.05.2015                 Email sent by the complainant

 

Ex.A17 dated 12.05.2015                 Email sent by the complainant and reply mail sent 

                                                    by the opposite parties

 

Ex.A18 dated 13.05.2015                 Email sent by the complainant and reply mail sent  and 21.05.2015                           by the opposite parties

 

Ex.A19 dated 21.05.2015                 Email sent by the complainant and reply mail sent 

                                                    by the opposite parties

 

Ex.A20 dated 28.03.2015                 Quotation issued by the Authorized Honda Service

                                                    Centre

 

Ex.A21 dated NIL                             Photos of the damaged Bike

 

LIST OF DOCUMENTS FILED BY THE OPPOSITE PARTIES :

 

                                      …….. NIL ……..

 

 

 

MEMBER – I                                                               PRESIDENT