Delhi

North West

CC/954/2016

NITIN BARAIYA - Complainant(s)

Versus

RAVI PRAKASH & ANR. - Opp.Party(s)

07 Feb 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST

       GOVT. OF NCT OF DELHI

CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.

CC No: 954/2016

D.No.__________________         Date: ________________

IN THE MATTER OF:

NITIN BARAIYA S/o SH. DILIP BARAIYA,

R/o 105, SOMVARIYA,

JAORA (M.P.). … COMPLAINANT

         

 

Versus

 

1. M/s NITCO PACKERS & MOVERS,

    (SH. RAVI PRAKASH, PARTNER),

 

2. SH. PAWAN, (PARTNER),

 

HAVING THEIR OFFICE AT: D-1/5, 2^ND FLOOR,

PH-I, BUDH VIHAR, NEW DELHI-110086.

 

ALSO AT: H. No. 391, KASHIRAM COLONY,

SECTOR-PI-1/PI-2, GREATER NOIDA,

UTTAR PRADESH-201306.                                … OPPOSITE PARTY(IES)

 

 

CORAM :SH. M.K. GUPTA, PRESIDENT

                SH. BARIQ AHMED, MEMBER

      MS. USHA KHANNA, MEMBER

                                                  Date of Institution: 19.09.2016

                                               Date of decision:07.02.2018

SH. M.K. GUPTA, PRESIDENT

ORDER

1.       The complainant has filed the present complaint against the OP under Section 12 of the Consumer Protection Act, 1986 therebyalleging that the complainant hasswitched his job from Noida to Bhopal, hence the complainant availed the services of the OPs for transporting his goods (10 cartons, 1 bedding & 1 motorcycle) from

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          Noida to Bhopal on 26.03.2016 which were to be delivered by OP at Bhopal on 29.03.2016.The complainant made an advance payment of Rs.9,265/- for the aforesaid service to OP on 28.03.2016 and the complainant joined his services at Bhopal on 29.03.2016 and on the very same day the complainant was again transferred to Nagpur by his employer. In the late evening of 29.03.2016, the complainant telephonically inquired OP-1 about the status of the goods and also asked for the possibility of delivering the goods to Nagpur instead and applicable charges and OP-1 misinformed the complainant that since his goods have already reached their godown at Bhopal therefore now it will cost at least Rs.15,000/- more for shifting the goods from Bhopal to Nagpur. On 30.03.2016, the complainant finding OP’s quotation for transporting the goods from Bhopal to Nagpur too high as compared to other packers and movers, instructed OP to deliver the goods at Bhopal only as scheduled earlier and OP on receiving the said instructions of the complainant responded by saying that the goods have already been booked for Nagpur and refused to deliver the goods at Bhopal and OP-1, renegotiated the cost for delivering the goods to Nagpur on 02.04.2016 for a consideration of Rs.8,000/- as against Rs.15,000/- quoted by OP earlier and the cost of addition to Rs.9,265/- already paid by the complainant on 28.03.2016 and the additional amount of Rs.8,000/- was paid by the complainant to OP

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          through NEFT on 03.04.2016. The complainant further alleged that OP failed to deliver the goods at Nagpur on 02.04.2016 and aggrieved of the delay, the complainant repeatedly inquired about the status of the goods but was repeatedly given evasive answers by OP and during these conversations, OP agreed to refund the entire money paid by the complainant i.e. Rs.17,265/- in case of goods were delivered at Nagpur address on or before 05.04.2016 and OP again failed to deliver the goods at Nagpur and the complainant had to pick up the goods himself from their godown at Nagpur on 08.04.2016. The complainant further alleged that out of goods transported, a safety helmet and key of the motorcycle were missing and the 10 cartoons, containing teaching notes and books of the complainant were in a bad shape and upon enquiry the complainant was told that those goods have been lost during transit and the complainant also got a copy of the transport receipt while receiving his goods which was for transport of his goods from Delhi to Nagpur. The complainant further alleged that the complainant has suffered a loss of Rs.3,000/- on account of a missing helmet and key of the motor-cycle availing taxi services for a week for not having his motor-cycle and the complainant also to pay a sum of Rs.1,000/- for cartage of goods from the godown at Nagpur to his address. The complainant further alleged that the complainant sent a legal notice dated 14.04.2016 to OPs through his advocate by

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          speed post but OPs avoided to receive the notice.

2.       On these allegations the complainant has filed the complaint praying for direction to OP to refund the amount of Rs.17,265/- being the payment paid by the complainant alongwith interest @ 18% p.a. from 01.04.2016 to date of payment as well as to pay a sum of Rs.2,00,000/- towards the loss of professional reputation suffered by the complainant alongwith interest @ 18% p.a. from 15.04.2016 to date of payment and compensation Rs.1 lakh for causing mental harassment, agony and torture. The complainant has also sought Rs.11,000/- towards cost of litigation.

3.       Notice to OPs were issued through speed post for appearance on  21.11.2016 and the notice to OPs was served on 27.09.2016 & 06.02.2017 as per track reports. But none for the OPs appeared on 21.11.2016 & 09.02.2017 and as such OPs have been proceeded ex-parte vide order dated 09.02.2017.

4.       In order to prove his case the complainant filed his affidavit in evidence and also filed written arguments. The complainant has also placed on record copy of money receipt no. 194 dated 28.03.2016 issued by OP, copy of receipt no. 954 dated 28.03.2016 issued by OP, copies of insurance vide G.R. No. 023 dated 28.03.2016 & receipt i.e. G.R. no. 033 dated 02.04.2016 issued by OP for transportation of goods from Bhopal to Nagpur, copy of

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          detailed statement of the bank account of the complainant issued by ICICI Bank to the effect that an amount of Rs.8,000/- has been transferred in the account of OP on 04.04.2016, copy of SMS log regarding fresh instructions by the complainant to the OP asking about where about of the goods and transportation to Nagpur, copy of goods consignment bill of a different consumer/consignee for transportation of goods from Noida to Nagpur for an amount of Rs.3,999/-, copies of fare charges receipts for hiring an Uber vehicle of Rs.129/-, Rs.76, Rs.62, Rs.85, Rs.126 & Rs.112 and copy of legal notice dated 14.04.2016 sent by the complainant to OPs through Regd. Post/A.D.

5.       This forum has considered the case of the complainant in the light of evidence and documents placed on record by the complainant. The case of the complainant has remainedconsistent and undoubted. There is nothing on record to disbelieve the case of the complainant. Moreover, it appears that even after receiving notice ofthis case from this forum, the OPs have kept mum and have not bothered to answer the case of the complainant. It seems that OPs have no defence at all in their favour.

6.       On perusal of the record, we find that the OPs who are in the transport business i.e. of Packers & Movers have failed to deliver the goods of the complainant at the proper destination and in proper time and have charged excess amount for transportation of

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          goods. Accordingly, OPsare held guilty of unfair trade practice and deficiency in service.

7.       Accordingly, OPsare directed as under:

i)        To pay to the complainant an amount of Rs.10,000/- as compensation towards mental agony and  harassment caused to the complainant.

ii)       To pay to the complainant an amount of Rs.5,000/-towards cost of litigation.

8.       The above amount shall be paid by the OPs jointly or severallyto the complainant within 30 days from the date of receiving copy of this order failing which OPsshall be liable to pay interest on the entire awarded amount @ 10% perannum from the date of receiving copy of this order till the date of payment. If OPs fail to comply the order within 30 days from the date of receiving copy of this order, thecomplainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.

 9.      Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.

Announced on this 7^thday of February, 2018.

 

BARIQ AHMED                            USHA KHANNA  M.K. GUPTA

(MEMBER)                            (MEMBER)                   (PRESIDENT)

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