- Major Kumara Raja MS,
613 Tpt Coy ASC (Jeep) Type ‘A’,
Pin-905613,
C/O 99 APO,
Pin-700021. _________ Complainant
____Versus____
- Mr. Nagendra Prasad Sinha,
Operations Manger,
M/S Agarwal Packers and Movers Ltd.,
245/A, Block-J, New Alipur, Kolkata-53. ________ Opposite Party
Present : Sri Sankar Nath Das, Hon’ble President
Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 5 Dated 21-08-2014
In precise the case of the complainant is that the complainant has engaged the o.p. for shifting of household articles and his car from Madurai, Tamilnadu to Kolkata on 29.12.13 which is evident from the consignment note annexed with the petition of complaint by the complainant. O.p. company has received Rs.76,430/- for transportation of his household goods as well as the car from Madurai to Kolkata. Complainant has submitted that he has received the household goods in a good condition and nothing is broken and/or damaged.
Complainant has alleged only in respect of transportation of his car bearing regn. no.TN 38Y 8944. Complainant has stated that he has received the car in question on 20.1.14 after a lapse of 23 days from the date of booking and he also stated that he has received the said car on 20.1.14 after a great deal of persuasion to the o.p. company since the said vehicle has delivered at Kolkata after 23 days from the date of booking at Madurai.
It was observed by the complainant after receiving the car that the car was damaged severely and the same was not in condition of driving.
Thereafter complainant approached the o.p. and alleged regarding the aforesaid condition of the car after duly received of the same at Kolkata. But o.p. did not really response to the complainant.
Complainant lastly succeeded to make a joint inspection from the representative of o.p. and the Maruti Agency since the car was manufactured by Maruti. But after the joint inspection complainant stated that o.p. did not take any steps towards repairing of the said vehicle.
Ultimately complainant approached one Sarada Motor & Trading Co. situtated at 11, Rajani Kumar Sen Lane, Howrah-711101 for repairing of the said vehicle.
Complainant had to incur Rs.27,250/- for repairing of the said vehicle. Complainant has also annexed the copy of the bill dt.10.2.14 in respect of the expenditure incurred by him for repairing of the said vehicle.
O.p. has not appeared in the case by filing w/v and the case has been proceeded ex parte against o.p.
Since o.p. has not contested the case, so the documents filed by complainant remained unchallenged testimony.
Decision with reasons:
Upon perusal of the entire materials on record and on careful scrutiny of the same, we are of the view that complainant has succeeded to substantiate his case against the o.p. in respect of the transportation of the vehicle from Madurai to Kolkata. The case of the complainant is proved without doubt since the car has been inspected jointly by the representative of o.p. and the Maruti Agency. O.p. had made deficiency in service towards the complainant since the car has been damaged during transportation from Madurai to Kolkata, but they did not take any step towards repairing of the same. On the contrary, complainant has approached one Sarada Motor & Trading Co. stated above and got repaired of the same at a cost of Rs.27,250/-. The concerned bill has been annexed by the complainant. in view of the above findings, we are of the view that complainant has able to prove his case in respect of transportation of the vehicle in question from Madurai to Kolkata by o.p. in respect of deficiency in service to the complainant and complainant is entitled to relief.
Hence, ordered,
That the case is allowed ex parte with cost against the o.p. O.p. is directed to pay to the complainant a sum of Rs.27,250/- (Rupees twenty seven thousand two hundred fifty) only towards repairing charges of the vehicle in question and is directed to pay compensation of Rs.75,000/- (Rupees seventy five thousand) only for harassment an mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
