CC No.1601.2016

Filed on:03.12.2016

Disposed on:19.02.2018

BEFORE THE III ADDITIONAL BANGALORE URBAN DISTRICT

CONSUMER DISPUTES REDRESSAL FORUM,

BENGALURU– 560 027.

DATED THIS THE 19^th DAY OF FEBRUARY 2018

CONSUMER COMPLAINT NO.1601/2016

PRESENT:

 Sri.  H.S.RAMAKRISHNA B.Sc., LL.B.

         PRESIDENT

              Smt.L.MAMATHA, B.A., (Law), LL.B.

                       MEMBER

                                     V/S

ORDER

BY SMT.L.MAMATHA, MEMBER

1. This Complaint was filed by the Complainant on 03.12.2016 U/s 12 of the Consumer Protection Act, 1986 praying to pass an Order directing the Opposite Parties to pay Rs.68,250/- along with 18% interest p.a., to pay Rs.3,000/- towards the carton, to pay Rs.3,000/- towards the litigation expenses, to pay compensation of Rs.20,000/- towards mental agony and other reliefs. 

2. The brief facts of the complaint as under:

In the complaint, the Complainant states that the Complainant had moved his complete luggage from Pune to Bangalore using Bharat Packers and Movers, Pune service for consideration amount of Rs.12,200/- out of which Rs.12,000/- were been transferred to their account via net banking (Transaction ID: 613715870484 Transaction Date:16/05/2016.The Service Provider promised to deliver the luggage within 3 days but delivered it after 10 days taking the complete charge amount in advance.The luggage was booked on 13^th May 2016 and delivered on 23^rd May 2016 after lot many follow-ups.In the meantime he had to purchase lot many redundant items necessary for the survival of the family.That on receiving his luggage on 23^rd May 2016, he was shocked to notice that most of his luggage either had been damaged; missing and one carton not delivered.To which he immediately called upon the concerned person and reported him about the damages and also he had forwarded him the photos of the damaged goods.He had also given Opposite Party in written about all the damages.At the time of packaging luggage only brown tape was used but at the delivery he had noticed on few cartons there was white tape labeled Tata.This clearly indicates that this people have opened the carton, took the important stuffs out of it and then repacked it.He did informed Opposite Party regarding this too.The Opposite Party having informed about all the damages and believing that the party would at least visit to his location, he stayed with the damages goods for more than a month (family moved back to Hometown) which was very stressful time.

Below is the description of the damages/missing goods:

1. Carton No.17 is still not received.
2. Refrigerator is completely damages received in non-working condition having a hole behind stretched out from the front and there were dents on the complete body.
3. Wooden almirah’s bottom and mirror was damaged and there are many glaring scratches on the complete body
4. Bed ply damaged and 5 bolts were missing from the bed
5. Shoe rack complete damage
6. Steel utensil rack complete damage
7. All of my expensive clothes, wrist watch and Nikon camera were missing from the torn box he had received at the time of delivery
8. Bike disc brake were damaged.

3. Thereafter he kept on following up with the Opposite Party regarding the damaged good and missing luggage through emails, phone calls, WhatsApp. He have even asked them for the bill to which they didn’t reply.  Once after a long time they do responded stating that for a light settlement he have to contact Mr.Shakti from Mukta Travels.  Despite all his pleadings they didn’t made good the defects in the goods or deficiency in the service provided which is indeed regrettable and highly unethical way of business. 
4. He have also sent a notice to Bharat Packer and Movers mentioning the complete details of the damages and compensation expected giving 10 days’ time to respond.  The Opposite Party didn’t even bothered to reply owing to the fact that he clearly mentioned that failure to respond to the notice he shall be filing a complaint under the statutory provisions of the Consumer Protection Act, 1986. On the account of Bharat Packers and movers aforesaid dereliction of duty and failure and neglect to rectify the same he have suffered losses/incurred expenses of Rs.68,250/-which the Opposite Party is liable to compensate to him.  Also, kindly note that the mentioned amount excludes the loss that he might incur on the non-receipt of left over carton and other expenses that he had to incur.    Hence, this complaint.

5. Even though, notice was served on the Opposite Parties.  The Opposite Party No.1 put their appearance through his Counsel, but not filed version and the Opposite Party No.2 fails to put their appearance, hence placed ex-parte. 
6.   In support of the complaint, the Complainant has filed his affidavit by way of evidence.  Heard the arguments of the Complainant.

7.  The points that arise for consideration are:-

1. Whether the Complainant has proved the alleged deficiency in service by the Opposite Parties ?

2. If so, to what relief the Complainant is entitled?

8.  Our findings on the above points are:-

                POINT (1):- Negative

                POINT (2):- As per the final Order

REASONS

9. POINT NO.1:- On perusing the pleadings along with documents produced by the Complainant, it reveals that the Complainant moved his luggage from Pune to Bangalore on 13.05.2016 by using the service of Opposite Party No.1 by paying Rs.12,000/-.  The Opposite Party No.1 promised to deliver the luggage within 3 days.  But delivered after 10 days.  To substantiate this fact, the Complainant filed his affidavit, in his sworn testimony, he has reiterated he same and also in support of his sworn testimony, he has produced the copy of notice, email communications, copy of photos.  By looking into these documents, it clearly shows that the Complainant availed service from Opposite Party No.1 to move his luggage from Pune to Bangalore and for that he paid Rs.12,000/- Opposite Party No.1 delivered the luggage at Bangalore on 23.05.2016 Complainant states that some of his goods damaged and missing.  From this fact the Complainant has not produced any relevant documents.  Though the evidence of Complainant remains unchallenged, there is no proper evidence to believe the contention of the Complainant.   It is the duty of the Complainant to take safety measures like he had to make insurance to his goods while transferring to long distances.  The Opposite Parties were did their service by delivering luggage goods from Pune to Bangalore.  In this regard there is no deficiency on the part of the Opposite Parties. On 09.09.2016, the Complainant send notice to Opposite Party No.1.  But Opposite Party No.1 neither replied the notice nor fulfill his demand.  To believe the version of the Complainant, nothing was on record.  Thereby this clearly shows that there is no deficiency in service on the part of the Opposite Parties.  Hence, this point is held in the Negative.

 10. POINT NO.2:- In the result, for the foregoing reasons, we proceed to pass the following order:

ORDER

The complaint is dismissed.

Supply free copy of this order to both the parties. 

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Forum on this, 19^th day of February 2018)

        MEMBER                                         PRESIDENT 

LIST OF WITNESSES AND DOCUMENTS

 Witness examined on behalf of the Complainant:

1. Sri.Gaurav Jain, who being the Complainant has filed his affidavit.

 List of documents filed by the Complainant:

1. Payment details (Bank transaction detail).
2. Email asking for status of goods.
3. Damage reported to the Opposite Party.
4. Follow-up emails exchanged between Complainant and Opposite Parties.
5. Copy of notice sent to the Opposite Party.
6. Call recordings.
7. Reviews of other customers used Opposite Parties.

Witness examined on behalf of the Opposite Parties:

                             Nil

List of documents filed by the Respondent:

                             Nil

MEMBER                                                             PRESIDENT