Tamil Nadu

North Chennai

CC/135/2017

T.Prithaharan S/o.Mr.P.Thavamani - Complainant(s)

Versus

M/s.Anand Packers & Movers Rep by its Authorized Representative - Opp.Party(s)

M/s.J.Vinoth R.Gopinath ,R.Panneer selvam

07 May 2018

ORDER

                                                             Complaint presented on:  08.09.2017

                                                                Order pronounced on:  07.05.2018

 

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

 

MONDAY  THE 07^th   DAY OF MAY 2018

 

C.C.NO.135/2017

 

 

T.Prabhaharan,

S/o.Mr.P.Thavamani,

No.20, Dr.K.V.K.Nagar,

Selaiyur, Chennai – 600 073.

                                                                                    ….. Complainant

 

..Vs..

M/s.Anand Packers & Movers,

Rep by its Authorized Representative,

No.20/21, Khan Street,

Choolaimedu,

Chennai – 600 094.

.....Opposite Party

Date of complaint                                 : 12.10.2017

Counsel for Complainant                      : M/s.J.Vinoth, R.Gopinath, R.Panneer

                                                                    Selvam

 

Counsel for Opposite Party                      : Ex – parte (18.12.2017)         

 

 

 

 

O R D E R

 

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

          This complaint is filed by the complainant to direct the opposite party to refund the sum of Rs.23,500/- paid towards transporting the goods from Chennai to Theni and also paid from Madurai to Theni and his expenses spent for his Madurai trip and  also compensation for damages of goods, unfair trade practice and mental agony with cost of the complaint u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

The complainant approached the opposite party on 11.05.2017 to transport his house hold articles like TV, Steel Bero, Washing Machine, Wooden Cots, etc., from Chennai to his Native Place at Theni
District. The opposite party specifically agreed to transport his articles in a separate vehicle and the complainant also paid a sum of Rs.16,000/- towards transport charges. The complainant booked his articles on 12.05.2017 and the opposite party agreed to deliver next day morning on 13.05.2017 at Theni. However, the same was not delivered.

          2. The complainant contacted the opposite party on 13.05.2017, he was informed that the vehicle was still at Ulunderpet and the same will reach at Theni by evening. However, the vehicle was not reached. On 14.05.2017 and 15.05.2017 also the articles were not reached and delivered. On 16.05.2017 the complainant contacted the opposite parties Madurai Representative Mr.Ramachandran, he informed that a part consignment was reached and waiting for remaining goods. The complainant left for Madurai and also gave a complaint to the police. He found that his goods were lying in a haphazard manner and noticed some articles were damaged.

          3. The complainant himself arranged transport at his cost of Rs.4,000/- and took delivery at Madurai and transported to his Native Place. The complainant also spent a sum of Rs.3,500/- for making trip to Madurai by spending fuel, food etc., The manner in which the opposite party took more than 4 days to deliver the goods is a negligent act  and  committed unfair trade practice. Thereafter, the complainant after issuing notice filed this complaint to direct the opposite party  to refund the sum of Rs.23,500/- paid towards transporting the goods from Chennai to Theni and also paid from Madurai to Theni and his expenses spent for his Madurai trip and  also compensation for damages of goods, unfair trade practice and mental agony with cost of the complaint.

          4. The opposite party called absent and he was set ex-parte.

5. POINTS FOR CONSIDERATION:

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

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

6. POINT NO :1 

The complainant booked his house hold articles with the opposite party to transport from Chennai to his native place at Theni. He booked the goods on 12.05.2017 in Ex.A1 and paid a sum of Rs.16,000/- for transport. The opposite party agreed to deliver the goods on the next day on 13.05.2017 at Theni. However, he did not deliver the same. The complainant contacted him on that day and also next two days about the delivery but there is no proper response from the opposite party. On 16.05.2017 the complainant went to the opposite party’s Madurai office, where he found that his house hold articles were lying in a haphazard manner and some of the articles were in a damaged condition.

7. The complainant took Ex.A5 series photographs to show the damaged articles. Since the opposite party has not delivered the goods at Theni, the complainant himself took delivery at Madurai and for the same the opposite party’s person Mr.Ramachandran gave Ex.A2 acknowledgement. The complainant took delivery on 16.05.2017 at Madurai and after three days of the assured date of delivery on 13.05.2017. The opposite party agreed to deliver on 13.05.2017 and not delivered within the stipulated time and the goods were lying at Madurai Office in haphazard manner with damage is an negligent act and unfair trade practice of the opposite party. Therefore, we hold that the complainant proved that the opposite party has committed deficiency in service by not delivering the goods in the agreed date and also damaged the goods.

08. POINT NO:2

The complainant paid a sum of Rs.16,000/- in Ex.A1 towards transport of the goods from Chennai to Theni. Hence the said transport charges cannot be refunded. However, the complainant spent a sum of Rs.1,800/- for fuel in Ex.A3  and for food totally claimed a sum of Rs.3,500/- can be ordered to be paid by the opposite party to the complainant. Further, the complainant paid a sum of Rs.3,700/- towards transport charges in Ex.A3 bill for transporting goods from Madurai to Theni and a sum of  Rs.3,500/- spent towards expenses and for those such amount ( Totally Rs.7,200/-)the complainant is entitled from the opposite party.

9. The goods were delivered only at Madurai and not at Theni. Further Ex.A5 photographs prove the goods transported were damaged by the opposite party. However, the values of damage to the goods are not stated by the complainant in his evidence. The above acts caused mental agony to the complainant is accepted. Hence for such negligent act and deficiency in service and mental agony, it would be appropriate to direct the opposite party to pay a sum of Rs.50,000/- towards compensation to the complainant would meet ends of justice, besides a sum of Rs.5,000/- towards litigation expenses.

In the result the complaint is partly allowed. The opposite party is ordered to pay a sum of Rs.7,200/-(Rupees seven thousand  two hundred only) towards transport charges and expenses met by the complainant and also to pay a sum of Rs.50,000/- (Rupees fifty thousand only) towards compensation for deficiency in service and 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 transport charges and expenses and compensation 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 07^th  day of May 2018.

 

MEMBER – I                                                                PRESIDENT

 

 

 

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 12.05.2017		Booking Invoice issued by the opposite party and its business card
Ex.A2 dated 16.05.2017		Acknowledgement letter received from Mr.Ramachandran purported to be the Madurai Branch incharge of the opposite party for goods received at Madurai.
Ex.A3 dated 16.05.2017		Bills relating to the expenses borne by the complainant for his trip to Madurai in search of his goods, which was to be delivered by the opposite party on 13.05.2017
Ex.A4 dated 16.05.2017		Bills relating to the loading and transport of the complainant’s goods from Madurai to Theni
Ex.A5 dated 16.05.2017		Photo’s of the extensive damages caused to the complainant’s goods
Ex.A6 dated 05.07.2017		Legal notice issued to the opposite party with acknowledgement

 

 

 

MEMBER – I                                                               PRESIDENT