The complainant Sri Vinay Kumar Sharma  has filed this complaint petition against  Ranjit Agrawal   proprietor  Agrawal Packers and Movers  house hold shifting, Delhi Road  Himalya Plaza  one Dankuni hugali- Kolkata and one another (o.ps) for realization of  Rs. 54,000/- for value of missed  articles,  Rs, 31,050/-  as service Charge, Rs. 3,000/- as insurance premium, Rs. 5,000/- as litigation cost and Rs. 50,000/- for mental harassment total Rs. 1,43,050/-

 The brief, facts of the case is that  the complainant  negotiated with o.p n.1 for sending house hold articles from Muzaffarpur to Hyderabad  at the house of his son Kripashanker. The O.p no.1 assured to complainant to manage to reach the  household articles within time  and safely to Hyderbad. The o.p no.1  also realized Rs. 31,500/- from complainant  as  rent for sending household articles. The further case is that on 22-06-2017 staff of o.p no.-1 namely Sanjay Kumar received household articles from complainant  at Lorri No.-WB-65B6254 from the residence of complainant at Muzaffarpur for sending the same at the destiny. Sanjay Kr also issued receiving  receipt of house hold articles to the complainant. The further case is that on 16-07-2017 the house hold articles  were delivered at the house of son of complainant  by Lorri No.- MH-16AE9319. The further case is that  out 20 items, one trolly bag and some articles of kitchen set of Rs. 54,000/- were  missed. The further case is that the son of complainant Kripashanker Sharma asked about missed  articles from staff  of  o.p no.-1  who told to supply -the missed articles  after recovery. The further case is that the aforesaid house hold articles were insured  with o.p no.-2 for sum assured Rs.3 lacs vide policy No.- 170604/21/17/450000010. The further case is that after many request by complainant  and his son  from o.p no.1 , and giving  written notices dated  19-07-2017, 02-08-2017 and 29-12-2017 missed articles  were not made available to  the complainant or  his son. The further case is that the copy of the letter sent to the o.p no.-1 were also served to o.p no.-2.

 The complainant has Filed the following documents with the complaint petition - photocopy of   consignment, note, photocopy of  List of Packing articles, photocopy of policy schedule, photocopy  of detailed statement of ICICI bank, photocopy of receipt of service tax, photocopy of notice by complainant to The proprietor  Agrawal Packer & Movers, photocopy of  G.mails regarding update house hold movement from Muzaffarpur to Hyderabad.

 On issuance of summon O.P.No.1 & 2 didn’t appear before the forum so, forum proceeded Ex. Party  against him vide order dated 06-12-2018.

The complainant Vinay Kr Sharma has supported his case in his deposition filed on affidavit. On perusal  of Consignment note (annexure-A-1), It appears that complainant booked 22 items  of household goods for sending  the same from Muzaffarpur to Hyderabad. On perusal of List of Packing (A-1) it transpires that the articles booked has been mentioned in the List. On perusal of policy schedule (A-2). it transpires that the articles were insured with National Insurance Company on 22-06-2017. On perusal of letters dated 19-07-2017 sent by Kripashankar to the proprietor of Agrawal Packers and Movers (A-3), it transpires that trolly bag- items   of kitchen set amounting Rs. 35,000/- and Rs. 90000/- respectively  were not received to him at his Hyderbad  residence and he informed about the same to the proprietor Agrawal packer’s  and movers. On perusal of  reminder letter (A-3) it transpires that the reminders letter were sent by Kripashanker to the  proprietor Agrawal Packer’s & Movers. On perusal of mail sent by Kripashanker, it transpires  that information regarding missing of two items were sent  to Ranjit Agrawal. Nothing adverse is on record against the above evidence on record to controvert the same. So, we find that the complainant has been able to establish his case ex. Party.

Accordingly, the claim petition is allowed Ex. Party and the o.ps are directed to pay Rs. 54,000/- as cost of missed goods, Rs. 20,000/- for physical and mental harassment and Rs. 5,000/- as litigation cost to the complainant within 2 months from the receipt of the copy of the order, on failure they shall be responsible for payment of aforesaid amount with 9 % interest p.a. till realization. Let a copy of this order be furnished to both the parties as per rule.