ORDER

BY SRI.H.R.SRINIVAS, PRESIDENT.

1.     This is the Complaintfiled by the Complainantsunder Section 12 of Consumer Protection Act 1986, against the Opposite Parties(herein referred in short as O.P) alleging the deficiency in service in not adhering to the timeline in transporting the household articles  to the destination, to penalize the OPs for an unethical, deficient untimely, and irresponsible service, for Rs.1,50,000/- as compensation for the inconvenience caused, mental and physical stress suffered, and ruining the chance of making a good impact at the interview and for cost and other relief as this forum deems fit.

2.     The brief facts of the complaint are that: Complainants wanted to transport their house hold articles to Davanagere. They came across OP and the representative of OP, one Prakash Sharma visited their house on 14.04.2019 and after looking into the goods to be transported quoted Rs.10,640/- being the transportation charges and door to door delivery articles, which included loading, unloading, packing, unpacking and transportation, he also assured that the delivery time is 24 hours.  On 20.04.2019, they informed the OP to transport the goods on 21.04.2019 and reiterated that the same should be transported without any delay and to unload the same on 22.04.2019. OP collected a sum of Rs.6,640/- on the said day and informed them to pay the balance upon the delivery of goods at Davanagere. The truck was loaded with the goods on 21.04.2019 and the goods was to be delivered on 22.04.2019 by evening. The duration of travel is not more than 5 hours from Bangalore.  When they tried to contact Mr.Prakash Sharma in the evening on 22.04.2019 to check the status of the vehicle since did not reach his destination, he informed that the vehicle was not dispatched due to labour problem.Again contacted him on 23.04.2019 and there was nobody to give the details.  Afterwards, one Mr.Arun executive gave the number of the driver in the late afternoon and at around 6 P.M they got a call from the driver, informing him that they left the Bangalore at 11 p.m on 23.04.2019 and reached at 00.30 hours on 24.04.2019.  OP men did not send labours for shifting the materials from the truck to inside the house and to unpack them. He had to request them in the night to get the same done.  Further they were put to lot of inconvenience due to the negligent act of OP and not adhering to the time schedule.

3.     Further Complainant No.2 was to attend a job interview on 24.04.2019 and he had to leave in the early hours by driving himself to attend the interview and there was no time for him to prepare for the interview. He was fully exhausted. The act of the OP is unethical, deficiency, incomplete, untimely and irresponsible. There is deficiency in service and hence the complaint.

4.     Notice was served on OP through whatsapp and email. Details were filed before the forum and the same was held as due service. OP remained absent. Hence placed exparte. 

5.     In order to prove the case,Complainant No.2filed hisaffidavit evidence andproduced documents. Arguments Heard.The following points arise for our consideration:-

1) Whether the Complainantshave proved

deficiency in service on the part of the

Opposite Party?

2)  Whether the Complainants are entitled to

the relief prayed for in the complaint?

6.     We answer:-

POINT NO.1& 2:              In the Negative

                                        For the following.

REASONS

POINT No.1& 2:-

7.     On perusing the complaint,evidence and documents filed by the complainant, it becomes clear thatthe complainant availed the service of OP in transporting his household article from Bangalore to Davanagere. The proforma invoice dated 14.04.2019 bearing No.1338 clearly says that changes for the transportation of household article is door to door is Rs.9,500/- transit insurance 3% extra, toll tax Rs.665/- and GST Rs.475/- in all Rs.10,640/- which includs packing using quality packing materials , loading charges and unloading charges and unpacking charges. The list of articles are also produced. The receipt is also produced by the complainant to show that he has handed over the household articles to OP and he has to pay remaining Rs.4,000/- after delivery of the goods. There is signature of the transport operator.  The brochure and copy of the legal notice, interview call letter for complainant No.2 is produced.

8.     In any of these documents, there is no whisper that, the OP would transport the household articles within 24 hours.  Usually, the transport agent collect the articles if it is a full load, they will send the truck at the earliest or if it is a regular transporting vehicle(liner), it would wait for some more goods to be loaded for transportation.  It is not clear, whether the complainant has taken the full lorry service for transportation. Even there is no documents to show that he received the goods on the midnight of 23/24.04.2019. Also there is no receipt produced to show that, he has availed the labours for unloading the goods from the lorry to his house and for unpacking the same.  Absolutely there is no evidence, prima-facie to come to the conclusion that there is deficiency in service on the part of Op, untimely delivery of the goods, deficiency in service and unethical practice. Hence we answer POINT NO.1 AND 2 IN THE NEGATIVEand pass the following:- 

ORDER

1. The Complaint is dismissed. No order as to cost.
2. Send a copy of this order to both parties free of cost.

Note:You are hereby directed to take back the extra copies of the Complaints/version, documents and records filed by you within one month from the date of receipt of this order failing which the same will be destroyed as per the C.P. Act and Rules thereon.

(Dictated to the Stenographer over the computer, typed by him, corrected and then pronounced by us in the Open Forum on this 20^th NOVEMBER 2019)

ANNEXURES

1. Witness examined on behalf of the Complainant/s by way of affidavit:

Copies of Documents produced on behalf of Complainant/s:

Ex P1 :Copy of complaint filed at this forum.

Ex P2: Copy of Brochure and business card.

Ex P3: Copy of quotation form OP.

Ex P4: Copy of consignment and packing list.

Ex P5: Copy of email correspondences.

Ex P6: Copy of Notice served of OP.

Ex P7: Copy of Postal acknowledgment of notice served.

Ex P8: Copy of court notice and whatsapp screenshot.

2. Witness examined on behalf of the Opposite party/s by way of affidavit:

RW-1:-Nil-

Copies of Documents produced on behalf of Opposite Party/s

-Nil-

MEMBER                        PRESIDENT

A*