DIST.CONSUMER DISPUTES REDRESSAL COMMISSION, KHURDA, BHUBANESWAR:
-ooOoo-
C.C.CASE NO. 88/2021
Debashish Prusty, F-203, BDA Housing Complex-2,
Paikerapur, Near Trident Galaxy,
Bhubaneswar
…. Complainant
-Vrs.-
M/s DRS Dilip Roadlines Ltd., 306, 3rd floor,
Kabra Complex,61-MG Road, Secunderabad - 500003
…. Opp. Party
For the complainant : M/s Chaitanya Sahoo & Associates(Adv.)
For the OPs : Exparte
DATE OF FILING : 24/03/2021
DATE OF ORDER : 19/08/2023
ORDER
S.TRIPATHY, MEMBER
1. This Consumer Complaint is filed by the complainant U/s 35 of the C.P.Act, 2019 alleging deficiency in service against the OP (M/s DRS Dilip Roadlines Ltd).
2. The facts of the case in brief are that, the complainant had to shift from Bengaluru to Bhubaneswar during Covid pandemic, for which, he hired the service of the OP for transporting his household items safely. On 31/07/2020, the staff of the OP made an inspection of the complainant’s household items and listed those in three different pages. On the same day OP packed and loaded all the listed items in their vehicle for shifting from Bengaluru to Bhubaneswar and raised an invoice of Rs.94,957/- including service charges vide invoice No: BNG/4705548/20 dated 31/07/2020. The complainant paid that amount to the OP on the same day through online money transfer vide transaction ID : 41793. The goods reached at Bhubaneswar and were delivered to the complainant but it was found that most of the cartoon boxes were open/ unwrapped, its wraps were torn and removed. Out of 98 packed items, 34 items were damaged, which were needed to be repaired or replaced. Some items were also missing. The complainant made several communications with the OP over phone, e-mails and also sent photos taken from the delivery vehicle but the OP did not bother to respond to the mails nor did he inspect the damaged items. Having no other alternative, on 28/08/2020, the complainant lodged a complaint against the OP at the Nayapalli police station, Bhubaneswar. After police intervention on 30/10/2020, the OP returned some missing items but did not pay any heed to other concerns of the complainant. Being aggrieved by this, the complainant decided to resolve the dispute at this Commission. Hence this complaint.
3. Upon notice, the OP did not appear before this Commission and was set exparte and exparte hearing was taken up.
4 Perused the materials available on case record. Annexure -2 indicates that, the OP had generated an invoice of Rs.94,957/- dated 31/07/2020 for the transportation of household items / goods of the complainant from Bengaluru to Bhubaneswar. Annexure -3 indicates successful payment of Rs.94,957/- by the complainant to the OP, on the same day. Annexure-6 further indicates that the complainant received most of his household goods in a damaged condition which he clearly mentioned on the delivery slip acknowledged by the OP. Thereafter, the OP was intimated about this damage and loss through several mails by the complainant (Annexure-4). Taking into consideration, the totality of the facts and circumstances, this Commission is of the opinion that, the OP being a reputed transport company, is under the obligation to ensure quality service to its customers. It was the duty and responsibility of the OP to transport the goods of the complainant with safety and security without causing any loss or damage to the items. But OP failed to deliver the household items in proper condition. Moreover, the OP did not pay any attention to the complaints of the complainant nor did he take any step to repair or replace the damaged goods. This clearly shows the un professional and unreliable behaviour of the OP and also proves deficiency of service on OP’s part, as a result of which, the complainant suffered from loss and mental trauma. Hence it is ordered.
ORDER
The complaint is allowed exparte against the OP. The OP is hereby directed to pay Rs.80,000/- (Rupees eighty thousand) only to the complainant towards damages of his household belongings. OP is further directed to pay an amount of Rs.20,000/- (Rupees twenty thousand) only, as compensation towards mental agony suffered by the complainant and a sum of Rs.5000/- (Rupees five thousand) only towards litigation expenses to the complainant. The order be complied with by the OP within a period of thirty days from the date of communication of this order, failing which the complainant will be at liberty to execute the order against the OP in accordance with law.
The order is pronounced on this day the 19th August, 2023 under the seal & signature of the President and Member (W) of the Commission.
(S.TRIPATHY)
MEMBER(W)
Dictated & corrected by me
Member ( W)
I agree
President
(K.C.RATH)
Transcribed by Smt. M.Kanungo, Sr.Steno
