Tamil Nadu

South Chennai

CC/416/2014

M/s.Thomas Soloman - Complainant(s)

Versus

M/s. Hari Horipackers Movers. - Opp.Party(s)

M/s.D.Ramesh

09 Feb 2018

ORDER

                                                                        Date of Filing :   20.10.2014 

                                                                        Date of Order :   09.02.2018

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

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

PRESENT: THIRU. M.MONY, B.Sc., L.L.B. M.L.,                     : PRESIDENT            

                  TMT. K.AMALA, M.A. L.L.B.,                                 : MEMBER I

           DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II

C.C.NO.416/2014

 FRIDAY THIS  9^TH  DAY OF FEBRUARY 2018

 

Mr. Thomas Soloman,

S/o. Chinnaya,

No.37/224, Third Main Road,

M.R.Nagar,

Kodungaiyur,

Chennai – 118.                                          .. Complainant

                                        ..Vs..

The Proprietor,

Sri Hari Packers  & Movers,

No.79 P.T.K. Nagar,

Thiruvanmiyur,

Chennai 600 041.                                     .. Opposite party.

 

Counsel for Complainant      :    M/s. D.Ramesh & others       

Counsel for opposite party   :    Exparte.

ORDER

THIRU. M. MONY, PRESIDENT

This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act 1986 seeking direction to pay a sum of Rs.2,00,000/- for mental agony, monetary loss, and damage and to also to pay Rs.10,000/- as cost of the complaint.  

 

1. The averment of the complaint in brief are as follows:

        The complainant submits that he approached the opposite party on 8.6.2014 to transport the house hold articles like Fridge, Television, washing machine etc. from Chennai to Palayankotti.  The complainant has paid a sum of Rs.10,000/- to the opposite party and at the time of booking and agreed to pay the balance amount of Rs.2000/- at the time of delivery on 10-06-2014 but the articles were not delivered on 10.6.2014.  However the articles were delivered only on 12.6.2014 at 5.30 p.m.   At the time of delivery of the articles the complainant found that most of the articles were damaged due to mishandling  of the employees of the opposite party during transportation.   Hence the complainant issued legal notice dated 1.7.2014  to the opposite party, called upon him to pay a sum of Rs.2,00,000/- as compensation towards cost of the articles.   As such the act of the opposite party clearly amounts to gross deficiency in service and thereby caused harassment, mental agony  and hardship to the complainant.  Hence the complaint is filed.

2.     Inspite of receipt of notice the opposite party  did not appear before this forum and therefore the opposite party was  set exparte.  

3.     Though the  opposite party  remained exparte this  Forum is to dispose this compliant fully on merits with available materials before this forum. 

4.     In such circumstances,  in order to prove the allegation made in the complaint the proof affidavit is filed by the complainant as his evidence, and also Ex.A1 to  Ex.A4  are marked. 

5.   The points for the consideration is: 

Whether the complainant is entitled to  a sum of Rs.2,00,000/- towards compensation for mental agony and monetary loss with cost of Rs.10000/-  as prayed for ?

6.      ON POINT :

        The opposite party remained exparte.  The complainant filed written arguments.   Perused the records (viz) complaint, proof affidavit of the complainant and documents.   The complainant pleaded and contented that in order to Transport the household articles listed in Ex.A1 approached the opposite party on 8.6.2014 and paid a sum of Rs.10,000/- towards transportation charges and booked the goods; the balance amount of Rs.2000/-     will   be paid at the time of delivery on 10-06-2014  at Palayamkottai.  But on a careful perusal of record Ex.A2 it is seen that only a sum of Rs.6500/- alone paid on 8.6.2014 and there is no record to show that the complainant has paid a sum of Rs.10,000/- against the freight charges of Rs.12,000/-.   There is no endorsement on the back side of Ex.A2 also to prove that the complainant  paid a sum of Rs.10,000/-.   Hence it is proved that the complainant has paid only a sum of Rs.6500/- alone.  The complainant further pleaded and contended that there is  in ordinate delay of  3 days in delivering the goods (i.e.) the opposite party assured that the articles will packed on 9.6.2014 and it will be delivered on 10.6.2014.   But the complainant has not produced any record to prove such confirmation.   On the other hand it is seen from Ex.A2 that delivery date 12.6.2014 at 5.30 p.m proves the imaginary false claim of the complainant.   Further the complainant  contended that the opposite party carelessly handled the articles resulting huge damage and loss of several articles. But no record produced in this forum except the legal notice in this case.   Further the contention of the complainant is that due to the loss and damage complainant sustained mental agony and complainant is claiming  a sum of Rs.2,00,000/- towards compensation.  But it is apparently seen from the records that the complainant suppressed several materials facts and come forward with false claim.   Considering the facts and circumstances of the case this forum is of the considered view that  the complainant is not entitled to any reliefs sought for in this case and the points are answered accordingly.

        In the result, the complaint is dismissed.  No cost.

          Dictated by the President to the Assistant, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the  9^th  day  of  February  2018. 

 

MEMBER-I                        MEMBER-II                              PRESIDENT.

Complainant’s side documents:

Ex.A1- 8.6.2014  - Copy of booking receipt.

Ex.A2- 12.6.2014 - Copy of delivery receipt.

Ex.A3- 1.7.2014  - Copy of legal notice.

Ex.A4-         - Copy of returned cover.

Opposite party’s side document: -     ..Nil..

 

MEMBER-I                        MEMBER-II                              PRESIDENT.